Session Law 2015-55 (House Bill 315) Summary

• Modified G.S. 42-36.2(a) to clarify that sheriffs return writs unexecuted only when a landlord signs a statement that the tenant has paid all court costs and satisfied indebtedness, with clerk making an entry of satisfaction on the judgment docket in such cases.

• Amended G.S. 7A-311(b) to specify that advance fees collection applies to all fees except those contingent on sales prices or statutory commissions, with unpaid fees becoming a lien and judgment against the debtor.

• Added G.S. 1-474(c) requiring a fee deposit from the plaintiff upon issuance of seizure and delivery orders to offset reasonable and necessary sheriff fees and storage expenses for seized property.

• Modified G.S. 1-476 to require sheriffs to receive the plaintiff's fee deposit along with the undertaking before executing property seizure orders.

• Amended G.S. 1-481 to allow sheriffs to retain fees and expenses for property care from the deposited fee, with excess amounts returned to depositor and full deposit returned if a third party intervener claims the property.

• Effective October 1, 2015.