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NC S269

Bill

Status

Introduced

3/11/2015

Primary Sponsor

Shirley Randleman

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Allows severance of summary ejectment and monetary damage claims in small claims actions when service of process is achieved only by first-class mail and affixing documents to the premises under G.S. 42-29.

  • Permits plaintiffs to request severing monetary damages claims from ejectment claims upon magistrate's finding that personal service was not achieved for one or more defendants.

  • Allows severed monetary damage claims to be extended using alias and pluries summons under Rule 4(d) of the Rules of Civil Procedure, with judgment on ejectment not prejudicing claims or defenses in the severed monetary action.

  • Directs the Administrative Office of the Courts to develop a form informing parties in small claim ejectment actions of the timeline and process involved.

  • Becomes effective October 1, 2015.

Legislative Description

Landlord/Tenant-Alias & Pluries Summary Eject

Last Action

Re-ref Com On Judiciary II

5/27/2015

Committee Referrals

Judiciary II5/27/2015
Judiciary III4/16/2015
Judiciary I3/23/2015
Rules and Operations of the Senate3/12/2015

Full Bill Text

No bill text available