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NC H706

Bill

Status

Engrossed

4/27/2017

Primary Sponsor

Jonathan Jordan

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Allows severance of monetary damage claims from summary ejectment claims in small claims court when service of process is achieved only by first-class mail and posting to the premises, with the ejectment proceeding separately and monetary claims continuing with alias and pluries summons.

  • Permits plaintiffs in counties with 200,000 or more residents to elect whether the clerk returns the summons to them or forwards it to the sheriff for service in summary ejectment actions.

  • Authorizes private process servers (persons over 21 years old who are not parties or related to parties) to serve summary ejectment summons and complaints in counties with 200,000 or more residents by mailing and affixing copies to the premises.

  • Requires private process servers to provide an affidavit of service documenting the time, place, and manner of service completion.

  • Effective October 1, 2017 for summary ejectment actions filed on or after that date.

Legislative Description

Landlord/Tenant-Alias & Pluries Summary Eject

Last Action

Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

6/8/2017

Committee Referrals

Judiciary6/8/2017
Rules and Operations of the Senate4/27/2017
Judiciary III4/11/2017

Full Bill Text

No bill text available