Serving Small Claims Papers in New Hanover County

Who arranges it

See below

Cost per defendant

$30

Lawful methods

4

Filing fee

$96

Who serves the papers in New Hanover County

The plaintiff. The clerk of superior court issues the Magistrate Summons after filing but does not perform service itself. In New Hanover County the charge is $30 per defendant.

• Sheriff delivers a copy of the summons and complaint to the defendant, or leaves it at the defendant's dwelling with a person of suitable age and discretion residing there, for the statutory service fee
• Certified or registered mail, return receipt requested
• Mail with USPS signature confirmation
• A designated delivery service authorized under 26 U.S.C. §7502(f)(2), with a delivery receipt

Mail service is not complete unless the return receipt or delivery confirmation is obtained; an unreturned or unsigned receipt can stall the case.

What the court checks, and when

Two things people get wrong about service:

• The clerk accepts your filing whether or not service is done properly — the counter is not the check.
• Whether service was good is tested later, usually when the defendant does not appear and you ask for a default.

If mail service is used, the plaintiff must file a sworn statement of service (e.g. AOC-CV-105) with the clerk and attach the postal receipt. A defendant's written answer is optional, but the plaintiff must appear before the magistrate regardless.

Mail service is not complete unless the return receipt or delivery confirmation is obtained; an unreturned or unsigned receipt can stall the case.

Getting it done in the right order

1. 1. File first. The court issues the summons; you cannot serve papers that have not been issued. Budget $30 per defendant on top of the $96 filing fee.
2. 2. Give the server a real address. A business's registered agent address, or the person's residence. A PO box or a stale address is the most common reason service fails and the case stalls.
3. 3. Get the proof filed. The server files a return of service with the court. Without it on the docket, the court treats the defendant as never notified — however certain you are that they received it.
4. 4. Watch the hearing date. If service is not complete in time, the first date you were given at filing is wasted and the case is reset.

Common questions

Who serves small claims papers in New Hanover County?

The plaintiff. The clerk of superior court issues the Magistrate Summons after filing but does not perform service itself.

How much does service cost in New Hanover County?

$30 per defendant through the court's process. A private process server sets its own fee.

Can I serve the papers myself in New Hanover County?

No. Service is done by someone who is not a party to the case — a sheriff's civil division, an authorised process server, or another permitted method. Handing them over yourself does not count.

What happens if the defendant cannot be found?

The case does not move. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not automatic.