North Carolina General Statutes 46A-22. Unknown or unlocatable parties; summons, notice, and representation
Terms Used In North Carolina General Statutes 46A-22
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) If, at the time of or subsequent to the filing of the petition, the petitioner shows by affidavit or otherwise that the petitioner cannot after due diligence ascertain the name or location of a person that the petitioner is required to, or chooses to, serve under N.C. Gen. Stat. § 46A-21(b), the court shall authorize service by publication under N.C. Gen. Stat. § 1A-1, Rule 4. The notice by publication shall include a description of the property that includes the street address, if any, or other common designation for the property, if any, and may include the legal description of the property.
(b) Before or after the notice by publication, the court shall appoint a guardian ad litem under N.C. Gen. Stat. § 1A-1, Rule 17, to represent any unknown or unlocatable person that the petitioner is required to, or chooses to, serve under N.C. Gen. Stat. § 46A-21(b). (1887, c. 284; Rev., s. 2490; C.S., s. 3218; 2009-512, s. 1; 2020-23, ss. 2(h), 3.)