Bill Summaries: H315 SHERIFF & LANDLORD/TENANT-WRITS OF POSS. CHG.

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  • Bill H 315 (2015-2016)
    Summary date: Jun 4 2015 - View Summary

    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. Enacted June 4, 2015. Effective October 1, 2015.

    Courts/Judiciary, Civil, Civil Procedure, Development, Land Use and Housing, Property and Housing, Government, Public Safety and Emergency Management
    GS 1, GS 7A, GS 42
  • Bill H 315 (2015-2016)
    Summary date: Apr 22 2015 - View Summary

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

    Amends GS 42-36.2(a) to require the sheriff to return a writ for possession of real property unexecuted upon receiving a statement from the landlord that the landlord does not want to eject the tenant because the tenant has paid all court costs charged to the tenant and has satisfied the tenant's indebtedness to the landlord (was, also to be returned upon receiving a statement from the landlord that the tenant's property can remain on the premises).

    Amends GS 1-474(c) to require the sheriff to collect a fee deposit upon issuance of an order of seizure and delivery (was, the clerk of court must collect an amount not to exceed $100, with guidelines for determining the amount, to be given to the sheriff).

    Deletes proposed changes to GS 42-25.9.

    Courts/Judiciary, Civil, Civil Procedure, Development, Land Use and Housing, Property and Housing, Government, Public Safety and Emergency Management
    GS 1, GS 7A, GS 42
  • Bill H 315 (2015-2016)
    Summary date: Mar 19 2015 - View 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. 

    Courts/Judiciary, Civil, Civil Procedure, Development, Land Use and Housing, Property and Housing, Government, Public Safety and Emergency Management
    GS 1, GS 7A, GS 42