North Carolina § 40A-23 - Service where parties unknown.

§ 40A-23. Service where parties unknown.

If the person on whom service of summons and petition is to be made is unknown, or his residence is unknown and cannot by reasonable diligence be ascertained, then service may be made by publishing a notice, stating the time and place within which such person must appear and plead, the object thereof, with a description of the land to be affected by the proceedings, in accordance with the provisions of G.S. 1A-1, Rule 4(j)(9)c. In such cases the State Treasurer shall be served as custodian of the Escheat Fund and may become a party to the action. History (Code, s. 1944, subsec. 5; Rev., s. 2582; C.S., s. 1718; 1971, c. 1093, s. 18; 1981, c. 919, s. 1.) Editor's Note. - The reference in this section to G.S. 1A-1, Rule 4(j)(9)c was made prior to extensive rewording of the material formerly located in G.S. 1A-1, Rule 4(j)(9). As to service by publication on a party that cannot otherwise be served, see now G.S. 1A-1, Rule 4(j1). As to manner of service to exercise jurisdiction in rem or quasi-in-rem, see now G.S. 1A-1, Rule 4(k).