How Do I Serve Someone In The Military?

Anytime you are serving someone the first thing you need to figure out is where he/she is located. What is their current address? This can be extra tricky if someone is in the military where they are moving around frequently. The next question is to determine if they are located on the military base or have off base housing. If they are on the military base there will be a different process required than if they are living off of a military base.

If the person you are trying to serve is not located on a military base you would serve them just like you would serve any other person. If they are located in North Carolina you can serve them by using the sheriff in the county where they are located or by serving them by certified mail. If you use certified mail, be sure to fill out an affidavit of service by mail, with the green card you receive after the papers have been delivered attached to your affidavit. If the person you are trying to serve is not located in North Carolina, you must use a sheriff in the county where they are located (in the other state) to serve them. Make sure you check with the sheriff’s office that is serving the other person and the clerk of the court where you filed your paperwork to make sure the sheriff was actually able to serve them.

If you are trying to serve someone who is located on a military base or is deployed then things can become a little more complicated. The North Carolina statute says that you can serve another person at the service member’s domicile (which I’ll explain) while they are away, instead of serving the actual service member. A domicile is the person’s permanent residence, so what we would think of as a permanent home address. This seems easy, however, courts have interpreted this statute to mean you need to serve the service member where they are physically residing at the time. So this means you need to serve the service member where they are actually stationed not at their civilian residence where they would normally live or be found, even if someone is there to receive the papers.

So how can you serve someone on a military base or a service member that is deployed? Technically it is not the military’s duty to complete service of process on a member of the military, however they will often help facilitate the service. This holds especially true in family law matters since military policy requires members of the military to provide financial support to their family members.

Process Server: This would be the sheriff in the county where the person is located if you are serving someone for a North Carolina case.

• If the person is stationed in North Carolina: Technically to serve a person in the armed forces on their military base the commanding officer must give his permission for that person to be served. Normally the commanding officer allows service if the person you are trying to serve is based/located in North Carolina and your court case was filed in North Carolina, but there are always exceptions to this rule.
• If the person you are trying to serve is located in a different state: There are different procedures if the person you are trying to serve is not stationed in North Carolina and your court case was originally filed in North Carolina. In this case, the military member does not have to accept service and the military authority can deny access to a process server. You will then have to find alternative means to serve this person.

Certified Mail: Probably the easiest and cheapest way to serve someone is through certified mail return receipt requested. This still holds true for military personnel.

• Service Member Located in the United States: You can serve them through certified mail just like any other person. However, keep in mind that the North Carolina statute does require personnel service if you are serving someone outside of North Carolina.  So if the person you are serving is located in North Carolina then the easiest way to serve them is through certified mail, return receipt requested even if they are on a military base.
• Service Member Located Outside of the United States: This is where things can get a little tricky. Unless the person you are trying to serve notifies their commanders that they will accept service, a person must use the rules of international service of process to serve a member of the military stationed abroad. This involves following international treaties and other complicated laws that govern international service of process. So, if the person you are trying to serve is stationed abroad and will not voluntarily accept service it is probably best to retain an attorney to determine the best way to serve them.

Acceptance of Service of Process: This is the easiest and most cost effective way to serve someone. There is a court form that the person you are serving signs and notarizes which in essence waives formal service of process requirements. This means you can just give them the documents and they are agreeing to jurisdiction and waiving any other notice or service issues.

Please contact our office at (980)225-1832 or Info@DuncanLarsonLaw.com, so we can help you with your family law case.