When is an alias and pluries summons appropriate?

It is appropriate after documented, diligent attempts at service have failed and you need court permission to attempt service again or to use an alternative method.

Can I e-sign the affidavit of service?

Court acceptance of electronic signatures on affidavits varies. Some courts accept electronic signatures with an audit trail, but many require wet signatures for sworn affidavits; check local rules.

What proof should the process server provide?

Provide a signed return of service that lists dates, times, addresses, descriptions of persons encountered, and any supporting exhibits such as photographs or certified-mail receipts.

What if the clerk rejects the filing?

Address the clerk’s objections promptly, correct deficiencies, and refile as directed. Track deadlines and preserve evidence of your attempts to comply.

Does an alias summons change the statute of limitations?

No; it does not erase underlying limitations. Use the alias process to preserve your case within the applicable statutory period or seek a court-ordered extension if necessary.

Who can serve the alias and pluries summons?

An authorized process server or law enforcement officer normally executes service; ensure the chosen server is permitted by local rule or statute.

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Alias and Pluries Summons

Alias and Pluries Summons

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MAGISTRATE SUMMONS

STATE OF NORTH CAROLINA

Plaintiff(s)

File No.

In The General Court Of Justice

District Court Division - Small Claims

County

MAGISTRATE SUMMONS

ALIAS AND PLURIES SUMMONS (ASSESS FEE)

G.S. 1A-1, Rule 4; 7A-217, -232

VERSUS

Defendant(s)

Date Original Summons Issued

Date(s) Subsequent Summons(es) Issued

TO

Name And Address Of Defendant 1

Telephone No. Of Defendant 1

TO

Name And Address Of Defendant 2

Telephone No. Of Defendant 2

A Small Claim Action Has Been Commenced Against You!

You are notified to appear before the magistrate at the specified date, time, and location of trial listed below. You will have the opportunity at the trial to defend yourself against the claim stated in the attached complaint.

You may file a written answer, making defense to the claim, in the office of the Clerk of Superior Court at any time before the time set for trial. Whether or not you file an answer, the plaintiff must prove the claim before the magistrate.

If you fail to appear and defend against the proof offered, the magistrate may enter a judgment against you.

Date Of Trial

Time Of Trial

AM PM

Location Of Court

Name And Address Of Plaintiff Or Plaintiff's Attorney

Date Issued

Signature

Deputy CSC Assistant CSC Clerk Of Superior Court

(Over)

RETURN OF SERVICE

I certify that this summons and a copy of the complaint were received and served as follows:

DEFENDANT 1

Date Served

Time Served

AM PM

Name Of Defendant

By delivering to the defendant named above a copy of the summons and complaint. By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein. As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below.

Name And Address Of Person With Whom Copy Left (if corporation, give title of person copy left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

DEFENDANT 2

Date Served

Time Served

AM PM

Name Of Defendant

By delivering to the defendant named above a copy of the summons and complaint. By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein. As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below.

Name And Address Of Person With Whom Copy Left (if corporation, give title of person copy left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

FOR USE IN
SUMMARY
EJECTMENT
CASES ONLY:

Service was made by mailing by first class mail a copy of the summons and complaint to the defendant(s) and by posting a copy of the summons and complaint at the following premises:

Date Served

Name(s) Of The Defendant(s) Served By Posting

Address Of Premises Where Posted

Service Fee

Date Received

Date Of Return

Signature Of Deputy Sheriff Making Return

Name Of Deputy Sheriff Making Return (type or print)

County Of Deputy Sheriff Making Return

AOC-CVM-100, Rev. 8/17

What an Alias and Pluries Summons Is

An Alias and Pluries Summons is a follow-up court summons issued when an initial summons could not be served or was returned unsatisfied. It authorizes additional attempts at personal service or alternative service methods so the case can proceed. Courts use alias and pluries process to preserve jurisdictional timelines and to avoid dismissal for lack of service. Because it is a formal court filing, local civil procedure controls its form, required filings, and service methods; court filings are generally treated differently than commercial records under federal e-signature rules (see ESIGN, 15 U.S.C. ch. 96).

Why You Might Need an Alias and Pluries Summons

Use an Alias and Pluries Summons when the original summons could not be served after diligent efforts. It permits repeated service attempts without restarting the case, protecting your litigation timeline and preserving claims that may be time‑sensitive.

Who Typically Prepares This Summons

Confirm local rules or consult counsel because filing formalities and acceptable service methods vary by jurisdiction.

Plaintiff or plaintiff counsel preparing additional service attempts for a pending civil complaint
Process servers or sheriff's offices coordinating repeated attempts under court direction
Court clerks accepting and docketing alias/pluries filings on behalf of requesting parties

Typical Signatories and Requestors

Plaintiff Attorney

An attorney of record signs or files the application for an Alias and Pluries Summons when initial service attempts fail; the attorney certifies efforts and requests the court’s permission for further service methods and time extensions.

Process Server

A licensed process server or law enforcement officer executes service under the court’s direction, completes return-of-service affidavits, and may sign a sworn statement describing attempts and locations for the court record.

Core Elements to Include in the Summons

A complete Alias and Pluries Summons contains consistent case identifiers, a clear request for additional service attempts, and documentation of previous efforts. Courts require precise information to permit renewed service or alternative methods.

Caption

Court name, case number, and parties exactly as they appear on the complaint; consistency prevents clerical rejection.

Request Statement

Plain language asking for an alias and pluries summons and specifying the reason (e.g., unsuccessful personal service despite due diligence).

Service History

Concise chronology of previous attempts: dates, addresses, methods used, and the process server or sheriff who attempted service.

Proposed Method

If seeking alternative service, state the proposed method (substituted service, posting, certified mail, publication) and legal basis under local rule.

Signature Block

Name, bar number for counsel (if any), address, telephone, and email for the filing party or attorney of record.

Return Instructions

How and when the process server must return proof of service to the court and to opposing parties.

Step-by-Step: Preparing and Filing an Alias and Pluries Summons

Follow a clear sequence to document prior attempts, request authority, and obtain a new summons for further service.

01

Document Attempts: Compile a dated log of all service attempts with addresses and outcomes.
02

Draft Request: Prepare a concise motion or ex parte request describing attempts and the relief sought.
03

File with Clerk: File the request and proposed alias and pluries summons with the court clerk per local filing rules.
04

Serve the Summons: Once issued, have an authorized server execute service and file a return of service promptly.

Where to File and How the Process Moves Forward

The filing and service path typically involves the requesting party, the court clerk, the process server, and the return-of-service step that restores the case schedule.

File Request: Submit the alias/pluries request and proposed summons to the court clerk according to local filing rules.
Clerk Review: Clerk reviews and issues the alias and pluries summons or directs additional information.
Serve Defendant: Authorized process server or sheriff executes service under the court-issued alias and pluries summons.
Return and Docket: Server files written proof of service; the clerk dockets the return and the case proceeds.

Configuring an Online Workflow for this Summons

If you use electronic document tools to prepare the summons, configure fields and signer roles so the court filing remains complete and auditable.

Field	Configuration
Case Caption	Required, read-only field populated from complaint
Service Attempts	Repeatable text block for date, time, location, and outcome
Requested Method	Dropdown with common alternatives and free-text option
Return-To Instructions	Email and physical address for process server returns

Digital Signing and eSubmission Considerations

When preparing filings electronically, preserve print-ready PDFs and a verifiable signature record; check the clerk’s e-filing and local rules before e-submission.

Accepted Formats: PDF/X and PDF/A are widely accepted for filings and archival.
Signature Validity: Court rules may require original (wet) signatures for certain affidavits or may accept electronic signatures per local policy.
Audit Trail: Maintain an audit trail with timestamps, signer identity, and IP address for evidentiary support.

Key Deadlines and Timing Expectations

Timelines set by local rules determine how long a plaintiff has to effect service, and how quickly a server must return proof of service after execution.

Service Period:

Often 90 days from filing; check local civil procedure for exact period

Return of Service:

Returns typically due immediately after execution or within a few days per county rule

Motion Timing:

If court requests briefing, respond within the court’s ordered timeline

Default Deadlines:

Failure to serve timely may lead to dismissal or extension requests

Extension Requests:

Courts can extend service deadlines for good cause upon motion

Milestones from Filing to Service Completion

Track these sequential milestones to ensure the alias and pluries process moves without procedural gaps.

01

File Alias Request

Submit a written request or motion to the clerk describing failed attempts.

02

Clerk Issues Summons

Court issues alias and pluries summons for additional service attempts.

03

Process Server Executes

Server attempts service using the court-authorized method.

04

Return and Docket

Server files the affidavit or return of service; clerk dockets it and the case advances.

Common Mistakes to Avoid

Failing to document prior attempts clearly, which can cause the court to deny further service
Using vague language for alternative service requests rather than citing the specific local rule or authority
Submitting unsigned or undated affidavits of service that clerks may refuse to accept
Assuming electronic signatures are acceptable for all court affidavits without verifying local court policy

Consequences of Incorrect or Incomplete Filings

Dismissal Risk: Insufficient service may result in dismissal for lack of jurisdiction.

Delay: Errors often lead to case delays and increased costs.

Sanctions: Repeated noncompliance can expose a party to court sanctions.

Lost Deadlines: Missed service windows can forfeit claims due to statutes of limitation.

Rejected Filing: Clerk rejection requires re-filing and may alter priority or timelines.

Evidentiary Gaps: Poor documentation undermines the credibility of service declarations.

Information That Courts Expect on File

Case Caption: Exact case caption

Dates: MM/DD/YYYY formatted attempts

Addresses: Full street addresses

Server Identity: Name and license of process server

Method: Method of attempted service

Signature: Signature of server or affiant

Comparing eSignature Platforms for Preparing and Managing Summons Documents

Some teams use eSignature platforms to prepare, store, and route summons documents; the table compares baseline pricing and selected capabilities. Confirm each vendor’s court-file acceptance and local rules before relying on electronic signatures for affidavits.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Practical Examples of Alias and Pluries Use

Two hypothetical scenarios illustrate common uses and outcomes when additional summonses are required.

Property Dispute Case

A plaintiff could not locate the defendant at the listed address despite three attempts over six weeks.

The court granted an alias and pluries summons and allowed service by certified mail followed by posting.
The process server returned proof of certified mailing and photograph of posted notice; the clerk docketed the return and the case schedule resumed without dismissal after the court found good cause for alternative service.

Consumer Debt Collection

A servicer’s process server reported repeated evasion at multiple addresses.

The court authorized substituted service at a known workplace and electronic notice.
After the substituted service and electronic notice were completed, a timely return of service was filed and the defendant’s default exposure and procedural timeline were preserved.

Practical Tips for Accurate and Efficient Completion

Adopt a checklist approach, verify local rules first, and prepare clear documentation to avoid re-filing or delays.

Consistency

Keep the case caption identical across all filings and ensure the case number is prominently placed at the top of every page to prevent clerical errors.

Detailed Logs

Record each service attempt precisely with date, time, location, server name, and result; courts rely on this contemporaneous evidence.

Confirm Methods

When proposing alternative service, reference the local rule that authorizes the method and provide factual support showing standard service failed.

Preserve Evidence

Retain proof of attempts, photographs, mailing receipts, and any electronic delivery receipts for the court file and discovery if needed.

Frequently Asked Questions About Alias and Pluries Summons

Answers to common questions about when and how to seek additional summonses, and what documentation courts expect.

Need help? Contact support

When is an alias and pluries summons appropriate?
It is appropriate after documented, diligent attempts at service have failed and you need court permission to attempt service again or to use an alternative method.
Can I e-sign the affidavit of service?
Court acceptance of electronic signatures on affidavits varies. Some courts accept electronic signatures with an audit trail, but many require wet signatures for sworn affidavits; check local rules.
What proof should the process server provide?
Provide a signed return of service that lists dates, times, addresses, descriptions of persons encountered, and any supporting exhibits such as photographs or certified-mail receipts.
What if the clerk rejects the filing?
Address the clerk’s objections promptly, correct deficiencies, and refile as directed. Track deadlines and preserve evidence of your attempts to comply.
Does an alias summons change the statute of limitations?
No; it does not erase underlying limitations. Use the alias process to preserve your case within the applicable statutory period or seek a court-ordered extension if necessary.
Who can serve the alias and pluries summons?
An authorized process server or law enforcement officer normally executes service; ensure the chosen server is permitted by local rule or statute.

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