Service of a lawsuit inside the State of North Carolina by a private investigator may not be valid service.
In North Carolina, a Summons and Complaint may be served upon a defendant in several ways including by Sheriff or by certified mail (although some cases suggest certified mail must also be “restricted delivery”). Rule 4 of the North Carolina Rules of Civil Procedure [1] sets out the requirements for service and various options for service in detail.
If service is made in the State of North Carolina by a person (rather than for example certified mail) it must first be attempted by the Sheriff of the County where service is to be made. Rule 4(a) requires this. When a private investigator has been used to attempt service without appointment, our Courts have found such “service” to be invalid. See B. Kelley Enterprises, Inc. v. Vitacost.com, Inc., ___ N.C.App. ___, 710 S.E.2d 334, 339 (2011); N. Carolina State Bar v. Hunter, ___ N.C.App. ___, 719 S.E.2d 182, 189 (2011).
When a Sheriff refuses or neglects to do his duty in serving the Summons and Complaint, a private process server may be appointed by the Clerk of Court. See Williams v. Williams, 113 N.C. App. 226, 229, 437 S.E.2d 884, 887 (1994) aff’d, 339 N.C. 608, 453 S.E.2d 165 (1995).
Therefore, if you are served a lawsuit by a private investigator it may be possible to get the lawsuit dismissed for insufficiency of process. Service of other legal pleadings (e.g., a subpoena) may be made by a private investigator.
It is important to consult an attorney as soon as you are served because your actions could waive this defense.