Short Answer

In North Carolina, you must personally appear before a commissioned notary public and sign the insurer’s release in the notary’s presence. Bring a current government-issued photo ID. The notary will complete an acknowledgment that states the county (venue), the date, and applies the notary’s signature and seal. After your lawyer returns the original, notarized release to the insurer, the insurer issues the settlement check and your lawyer disburses funds after resolving any lien claims.

Understanding the Problem

You want to know how, in North Carolina, to correctly sign and notarize the insurer’s release so your settlement money can be paid. Here, counsel accepted the liability offer and recovered additional medical payments coverage. You must sign and notarize the release for the main settlement so the insurer will fund the claim, and your lawyer will confirm and resolve any medical or insurance liens before you receive your share.

Apply the Law

North Carolina requires in-person notarization for an acknowledgment unless a specific remote process applies under current state rules. The signer must personally appear before the notary with satisfactory identification. The notary completes a proper acknowledgment certificate that states the North Carolina county (venue), the date of the act, and includes the notary’s signature and seal. For injury settlements, your attorney must protect certain valid lien claims before disbursing settlement funds. The insurer typically will not issue the check until it receives the original, properly notarized release.

Key Requirements

• Personal appearance and ID: Appear in person before a North Carolina notary with valid photo ID; do not sign the release in advance.
• Proper acknowledgment: The notary completes an acknowledgment stating the county, date, your name as it appears on the release, and applies the notary seal and signature.
• Original document: Return the original, notarized release to your lawyer so it can be sent to the insurer; copies usually are not enough.
• Lien protection before payout: Your lawyer must verify and resolve valid medical/provider or insurer lien claims tied to the injury before issuing your funds.
• Med pay coordination: Medical payments coverage may be handled separately but can affect provider balances and lien resolution.

What the Statutes Say

• North Carolina Gen. Stat. § 10B-20 (Notary powers and limits) - Requires personal appearance and sets basic limits on notarial acts.
• North Carolina Gen. Stat. § 44-49 (Medical provider liens) - Gives certain providers a lien on injury recoveries when statutory steps are met.
• North Carolina Gen. Stat. § 44-50 (Attorney disbursements) - Directs attorneys to honor qualifying lien claims from settlement funds before paying the client.

Analysis

Apply the Rule to the Facts: You must appear before a North Carolina notary with your unsigned release and valid ID. The notary will witness your signature and complete an acknowledgment that lists the county and date and bears the seal. Your lawyer will send the original to the insurer so the check can be issued. Before paying you, your lawyer will confirm and resolve any provider or insurer liens; you may negotiate with the provider for reductions, and your lawyer will use the final, written lien figures for disbursement.

Process & Timing

1. Who files: You sign; your lawyer returns the release. Where: In front of a North Carolina notary public (law firm, bank, shipping center, or available county office). What: Insurer’s release form with a North Carolina acknowledgment block. When: As soon as your lawyer confirms the release language is correct; sign only in the notary’s presence.
2. Your lawyer transmits the original, notarized release to the insurer. The insurer issues the settlement check; the firm deposits it into the trust account and waits for clearance.
3. Your lawyer confirms final lien amounts in writing, pays approved liens and costs, and then issues your net proceeds with a written settlement statement.

Exceptions & Pitfalls

• Do not pre-sign: Signing before you meet the notary or using a nickname that doesn’t match the release can invalidate the acknowledgment.
• Incomplete certificate: Missing county, date, notary seal, or notary signature can cause the insurer to reject the release.
• Remote notarization: North Carolina’s rules on remote notarization have changed over time; many insurers still require wet-ink, in-person notarization. Confirm current options with your lawyer before attempting remote methods.
• Where to find a notary: Law firms, banks, shipping centers, and some Clerk of Superior Court offices have commissioned notaries; availability and fees vary, so call ahead.
• Lien traps: Medicare, Medicaid, VA/TRICARE, and private plan subrogation must be addressed. Get reductions in writing; unresolved liens delay payment.

Talk to a Personal Injury Attorney

If you're dealing with a settlement release and lien resolution, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.