Bill Summary for H 315 (2015-2016)

Summary date: 

Mar 19 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 315 (Public) Filed Thursday, March 19, 2015
AN ACT TO MAKE TECHNICAL CORRECTIONS TO LANDLORD/TENANT LAW AND TO PROVIDE FOR PROPER COLLECTION OF FEES AND COSTS FOR SHERIFFS EXECUTING WRITS OF POSSESSION.
Intro. by Stevens.

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Bill summary

Amends GS 42-25.9 concerning remedies for landlords in regards to removal of a tenant, making technical changes, providing that the provisions of subsection (d), (g), and (h) also apply when the sheriff locks the premises pursuant to GS 42-36.2(a)(1).

Amends GS 7A-311 concerning Uniform civil process fees, providing that the specified fees are to be collected in advance except in suits in forma pauperis (previously, also excluded those fees contingent on expenses or sales prices from advance collection). 

Amends GS 1-474 concerning fee deposits for orders of seizure and delivery to plaintiff, providing that after such orders are issued the clerk of court must collect an amount from the plaintiff not to exceed $100. The amount is determined based on the value of the property based on the specified evidence and sources. The deposit must be given to the sheriff with the order and must be used to offset the fees and expenses for the taking and caring of seized property.

Amends GS 1-476 making conforming changes reflecting the newly established fee deposit described above. 

Amends GS 1-481, concerning costs associated with the care and delivery of seized property providing provisions for the sheriff to reconcile expenses with the required fee deposit pursuant to GS 1-474(c).

Effective October 1, 2015. 

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