After a sheriff returns a summons unexecuted, who may serve it?

After a sheriff returns a summons unexecuted, who may serve it?

• A. A member of the plaintiff's family
• B. Any person at least 21 years old, not a party, not related to the parties
• C. Only a licensed process server
• D. The clerk

Answer: (B)

When service can’t be completed by the sheriff, North Carolina allows a private individual to take on service. The person must be at least 21 years old, not a party to the suit, and not related to the parties. This provides a neutral, capable option to get a summons served and move the case forward. A family member of a plaintiff is disqualified for potential bias or interest, and the clerk doesn’t personally serve process. Requiring only a licensed process server isn’t necessary—the rule focuses on age, neutrality, and non‑party status, not on licensing.

When service can’t be completed by the sheriff, North Carolina allows a private individual to take on service. The person must be at least 21 years old, not a party to the suit, and not related to the parties. This provides a neutral, capable option to get a summons served and move the case forward. A family member of a plaintiff is disqualified for potential bias or interest, and the clerk doesn’t personally serve process. Requiring only a licensed process server isn’t necessary—the rule focuses on age, neutrality, and non‑party status, not on licensing.