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NC H1040

Bill

Status

Introduced

5/30/2018

Primary Sponsor

Jonathan Jordan

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Allow private process servers to serve summary ejectment claims when the initial service by a proper officer is returned unexecuted.

  • In counties with 900,000 or more residents, plaintiffs may elect to have the clerk return the summons for service by a private process server instead of forwarding it to the sheriff.

  • Private process servers serving summary ejectment cases must mail the summons and complaint to the defendant and affix copies to a conspicuous part of the premises, then provide an affidavit of service documenting completion.

  • Clarify that when computing time periods for summary ejectment service, only legal holidays when the courthouse is closed count as excluded days (excluding weekends in most circumstances).

  • Effective October 1, 2018, for summary ejectment actions where the summons is issued on or after that date.

Legislative Description

Amend Sum Eject Service/Allow Process Server

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House

6/12/2018

Committee Referrals

Rules, Calendar, and Operations of the House6/12/2018
Judiciary III5/31/2018

Full Bill Text

No bill text available