Bill Summaries: S88 LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.

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  • Bill S 88 (2017-2018)
    Summary date: Jul 25 2017 - View Summary

    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, TO ALLOW FOR THE SEVERED MONETARY CLAIM TO BE CONTINUED WITH ALIAS AND PLURIES SUMMONS, AND TO ALLOW PRO SE REPRESENTATION ON APPEAL. Enacted July 20, 2017. Effective October 1, 2017.

    Courts/Judiciary, Civil, Civil Law, Civil Procedure, Development, Land Use and Housing, Property and Housing
    GS 1A, GS 7A
  • Bill S 88 (2017-2018)
    Summary date: Mar 1 2017 - View Summary

    Senate committee substitute to the 1st edition make the following changes.

    Clarifies in new GS 7A-228(e) that any party in an action appealed for a trial de novo is not required to obtain legal representation. 

    Amends proposed GS 7A-222 to specify that a party in a small claim action is not required to obtain legal representation.

    Courts/Judiciary, Civil, Civil Law, Civil Procedure, Development, Land Use and Housing, Property and Housing
    GS 1A, GS 7A
  • Bill S 88 (2017-2018)
    Summary date: Feb 14 2017 - 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 7A-228 by adding that a party in an action that takes an appeal for a trial de novo, as provided for under this statute (concerning new trials before a magistrate), is not required to get legal representation. 

    Amends GS 1A-1, Rule 4(h1), to provide that the provisions of this subsection do apply to claims severed by a magistrate pursuant to GS 7A-223(b1). 

    Effective October 1, 2017.

    Courts/Judiciary, Civil, Civil Law, Civil Procedure, Development, Land Use and Housing, Property and Housing
    GS 1A, GS 7A