Bill Summary for H 802 (2013-2014)

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Summary date: 

Apr 15 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 802 (Public) Filed Wednesday, April 10, 2013
Intro. by Earle, T. Moore, W. Brawley, Cunningham.

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Bill summary

Amends GS 7A-222 to require a magistrate to render judgment in a summary ejectment action on the same day as the conclusion of all of the evidence. Amends GS 7A-223 to require the magistrate to conduct a trial on the date listed on the summons in an action demanding summary ejectment. Provides that the provisions of GS 42-30 apply (Judgment by confession, where plaintiff has proved case, or failure to appear). Prohibits a magistrate from continuing a summary ejectment action unless (1) the plaintiff has consented, or (2) the service of process has not been obtained, in which case the action may not be continued for longer than five days without the plaintiff's consent. Any magistrate who violates these actions must pay the plaintiff $50 per day multiplied by the number of days that the magistrate continued the action beyond the allowed time periods. Amends GS 7A-228 to require notice of appeal in a summary ejectment action to be filed within five days after entry of judgment. Provides that failure to pay the cost of court to appeal within 10 days after entry of judgment in a summary ejectment action results in automatic dismissal. Requires a person appealing a summary ejectment action as an indigent to file an affidavit, within five days of entry of judgment, that the person is unable by reason of poverty to pay the appeal costs. Requires the authorization of a person to appeal as an indigent to be made thin 10 days after entry of judgment in a summary ejectment action.

Amends GS 42-25.9 to allow a landlord to dispose of personal property remaining on the premises, five days (was, ten days), after being placed in lawful possession by execution of a writ of possession. Requires notice to the tenant three (was, seven) day before the landlord sells property. Requires surplus proceed to be disbursed to the tenant, upon request, five days (was, ten days) after the sale. Makes conforming changes.

Amends GS 42-28 to require that the clerk of superior court issue a summons within one day of the filing of the complaint, when the lessor files a complaint pursuant to GS 42-26 (Tenant holding over may be dispossessed in certain cases) or GS 42-27 (Local: Refusal to perform contract ground for dispossession) and asks to be put in possession of the leased premises. If the clerk fails to issue the summons or set a court date on the summons that is seven days or less from the issuance of the summons, then the clerk must pay to the lessor $50 per day, multiplied by the number of days that the date of the issuance of the summons or date of the trial exceeds the requirements.

Amends GS 42-36.2 to shorten from ten days to five days the amount of time allowed for the release of property, storage of property, and for the tenant to request release of the property. Makes conforming changes.

Applies to all actions for summary ejectment filed on or after July 1, 2013.