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NC H881

Bill

Status

Engrossed

4/29/2015

Primary Sponsor

Jonathan Jordan

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Allows severance of monetary damage claims from summary ejectment claims in small claims actions when service of process is achieved solely by mail and posting to the premises, with the monetary claim proceeding separately under alias and pluries summons procedures.

  • Permits magistrates to sever monetary damage claims upon finding that personal service was not achieved for one or more defendants, allowing the summary ejectment claim to proceed while the monetary claim continues with extended service procedures.

  • Authorizes plaintiffs in counties with 200,000 or more residents to elect whether the clerk returns the summons for private service or forwards it to the sheriff for service.

  • Defines "process server" for summary ejectment proceedings in high-population counties as any person over 21 years old who is not a party or related to a party, hired by the plaintiff to serve summons and complaint.

  • Allows process servers in counties with 200,000 or more residents to effect service for summary ejectment purposes by mailing the summons and complaint, then affixing copies to the premises and filing an affidavit of service.

  • Effective October 1, 2015, for actions filed on or after that date.

Legislative Description

Landlord/Tenant-Alias & Pluries Summary Eject

Last Action

Ref To Com On Rules and Operations of the Senate

4/30/2015

Committee Referrals

Rules and Operations of the Senate4/30/2015
Judiciary IV4/16/2015
Judiciary II4/15/2015

Full Bill Text

No bill text available