• Summary date: Mar 12 2013 - More information

    Identical to H 243, filed 3/6/13.

    As the title indicates.

    Amends GS 44A-40 (Definitions) as follows: (1) provides that last known address means a mailing or email address, (2) personal property includes watercraft, and (3) adds a definition for email or electronic mail.

    Amends provisions governing Notice and Hearing (GS 44A-43) to include notice and hearing criteria regarding property with a lien claimed for a motor vehicle, watercraft, or trailer (was, a motor vehicle) and property with a lien claimed for other than a motor vehicle, watercraft, or trailer. Makes a conforming change to include notice sent by electronic mail (was, notice only via the United States Postal Service).

    Also provides that notice via first class mail (was, certified mail) or electronic mail is acceptable regarding the sale of personal property by the lienor at public sale (was, notice only via the USPS). Permits the lienor to publish notice of sale not less than five days prior to public sale either in a newspaper of general circulation in the county of the sale or in any other commercially reasonable manner. Provides that the advertisement is deemed to be commercially reasonable if a minimum of three independent bidders attend the sale.

    Permits the sale to be conducted at a live auction or via an online, publicly accessible auction web site.

    Deletes subsection (d) of GS 44A-43 regarding the content of the Notice of Sale.

    Amends GS 66-306 to provide that in rental contracts with a fixed time for payment of the rent, the late fee for a rental unit cannot be more than $20 or 20% (was, 15%) of the rental payment, whichever amount is greater.


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