LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.

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View NCGA Bill Details2015-2016 Session
House Bill 881 (Public) Filed Tuesday, April 14, 2015
AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS AND TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS AND TO PROVIDE FOR AN ELECTION BY THE PLAINTIFF TO UTILIZE A PRIVATE PROCESS SERVER IN COUNTIES WITH POPULATIONS OF TWO HUNDRED THOUSAND OR GREATER.
Intro. by Jordan, Bryan, Earle.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 30 2015)

SOG comments (1):

Long Title Change

Submitted by Penny.Griffin@n... on

House committee substitute to the 1st edition makes changes to the long title. The original title was as follows:

AN ACT TO ALLOW FOR SEVERANCE OF SUMMARY EJECTMENT AND MONETARY CLAIMS IN SMALL CLAIMS ACTIONS WHEN SERVICE OF PROCESS ONLY MEETS SUMMARY EJECTMENT STANDARDS AND TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS AND TO PROVIDE FOR AN ELECTION BY THE PLAINTIFF TO UTILIZE A PRIVATE PROCESS SERVER IN COUNTIES WITH POPULATIONS OF ONE HUNDRED THOUSAND OR GREATER.

Bill History:

H 881

Bill Summaries:

  • Bill H 881 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Amends new subsection (b) in GS 42-28 (Summons issued by clerk) to provide that in counties with a population of 200,000 or more (was, with a population of 100,000 or more) as of the most recent 10-year federal census, after the summons is issued by the clerk pursuant to a claim by the landlord-plaintiff (plaintiff) under GS 42-26 or 42-27, the plaintiff may choose to either have the clerk return the summons to the plaintiff or forward it to the sheriff for service.

    Amends new subsection (b) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more (was, 100,000 or more) as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, process server(was, officer) means any person over the age of 21 who is not a party to the action, related by blood or marriage to any party to the action or to a person upon whom service is to be made, and who is hired by the plaintiff or the plaintiff's agent or attorney to serve the summons and complaint for summary ejectment. Clarifies that officermeans the sheriff of the county where the property is situated (was, provided that officerencompassed both meanings).

    Enacts new subsection (c) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, proper service on a defendant may be made by a process server by mailing a copy of the summons and the signed complaint to the defendant. Specifies timelines and other requirements for proper service by mail. Requires that the process server show compliance with the proper service requirements in the form of an affidavit for service setting forth the time, place, and manner by which the service requirements were met.

    Makes a conforming change to the bill's long title.

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 7A, GS 42
  • Bill H 881 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    House amendment to the 2nd edition provides that the provisions of this act apply to actions for summary ejectment filed on or after October 1, 2015, the date the act becomes effective.

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 7A, GS 42
  • Bill H 881 (2015-2016)
    Summary date: Apr 20 2015 - View Summary

    Enacts new GS 7A-223(b1) providing that the plaintiff can request that a claim for summary ejectment be severed from the claim for monetary damages in regards to a small claim action demanding summary ejectment and monetary damages where service of process was achieved solely by first-class mail and affixing the summons and complaint to the premise pursuant to GS 42-29. Requires the magistrate to sever the claim for monetary damages and proceed with the claim for summary ejectment after finding that personal service was not achieved for one or more defendants. Provides that if severed by the magistrate, the plaintiff can extend the action in accordance with GS 1A-1, Rule 4(d). Provides that the judgment of a magistrate in the severed claim for summary ejectment does not prejudice any claims or defenses of any party in the severed claim for monetary damages.

    Amends GS 1A-1, Rule 4(h1), regarding the return of a summons or other process unexecuted, to delete provision that this subsection does not apply to summary ejectment actions under Article 3 of GS Chapter 42.

    Enacts new subsection (b) in GS 42-28 (Summons issued by clerk) to provide that in counties with a population of 100,000 or more as of the most recent 10-year federal census, after the summons is issued by the clerk pursuant to a claim by the landlord-plaintiff (plaintiff) under GS 42-26 or 42-27, the plaintiff may choose to either have the clerk return the summons to the plaintiff or forward it to the sheriff for service. Provides that if the magistrate severs the claim for monetary damages as provided under GS 7A-223(b1), the plaintiff may choose to extend the action under GS 1A-1, Rule 4(d).

    Under current law, GS 42-29 provides that an officer receiving a copy of the summons must mail the summons and a copy of the complaint to the defendant no later than the end of the next business day or as soon as practicable to the defendant's last known address. Enacts new subsection (b) to GS 42-29 (Service of summons) toprovide that in counties with a population of 100,000 or more as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, officermeans either (1) any person over the age of 21 who is not a party to the action and who is hired by the plaintiff or the plaintiff's agent or attorney to serve the summons and complaint for summary ejectment or (2) the sheriff of the county where the property is situated.

    Effective October 1, 2015.

    Courts/Judiciary, Civil, Civil Law, Development, Land Use and Housing, Property and Housing
    GS 7A, GS 42
View: All Summaries for Bill