Bill Summary for S 269 (2015-2016)

Summary date: 

Mar 11 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 269 (Public) Filed Wednesday, March 11, 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.
Intro. by Randleman.

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Bill 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) to provide that the provisions of this subsection does apply to claims severed by a magistrate pursuant to GS 7A-223(b1). 

Effective October 1, 2015.

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