Civil Process

The service of civil process is a core function that falls inherently on the elected Sheriff and a primary function of many Sheriff’s Offices nationwide. MCSO Field Operations Division has thirty-two civil process zones spread throughout Mecklenburg County. Field Operations deputies work rotating twelve-hour shifts and serve a variety of civil processes. Field Operations personnel while working to serve civil processes also serve criminal warrants, orders for arrest, and enforce traffic laws.

Civil Processes in North Carolina are served and returned according to North Carolina General Statute. The service package should include a copy of the process for the deputy to send back with the return and a service copy of the process for each respondent. The service fee is as follows:

7A-311. UNIFORM CIVIL PROCESSES FEES
In a civil action or special proceeding, except for actions brought under Chapter 50B of the General Statutes, the following fees and commissions shall be assessed, collected, and remitted to the county.

For each item of civil process served, including summons, subpoenas, notices, motions, orders, writs and pleadings, the sum of thirty dollars ($30.00). When two or more items of civil process are served simultaneously on one party, only one thirty dollar ($30.00) fee shall be charged.

When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. The process fee shall be remitted to the county. This subsection shall not apply to service of summons to jurors.

For any out of state civil process submitted for service, the Mecklenburg County Sheriff’s Office (MCSO) will supply a MCSO affidavit of service in lieu of completing an out of state affidavit. All out of state process will be attempted/served pursuant to the rules of civil procedure as provided in The North Carolina General Statutes. Therefore, MCSO gathers, reports and completes civil process returns with the information required by North Carolina law and not by the laws of any other state. The cost for process issued outside of North Carolina is fifty dollars ($50.00) per respondent/defendant. The service package should include a service copy of the process for each respondent/defendant. Additionally, a copy of the process to be sent back with the MCSO affidavit and a self-addressed/stamped envelope is required.

The Payment must be in the form of a certified check or money order (an official law firm check is also acceptable) made payable to The Sheriff of Mecklenburg County. If delivering the process in person, cash is acceptable. Do not mail cash. The process can be mailed, or delivered in person to:

Mecklenburg County Sheriff’s Office
700 E. 4th Street
Charlotte, NC 28202 Attn: Civil Process

The link below will access the judicial forms search engine where civil process forms utilized by the North Carolina Administrative Office of the Courts are available: http://www.nccourts.org/Forms/FormSearch.asp

Civil Process Questions can be answered by one of our Civil Process Staff Members:

The Civil Process Office is supervised by Sgt. M. DeSantis (980) 314-5919.