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.
LANDLORD/TENANT-ALIAS & PLURIES SUMMARY EJECT.
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View NCGA Bill Details(link is external) | 2015-2016 Session |
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.
Status: Re-ref Com On Judiciary II (House Action) (May 27 2015)
Bill History:
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Wed, 11 Mar 2015 Senate: Filed(link is external)
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Thu, 12 Mar 2015 Senate: Passed 1st Reading(link is external)
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Mon, 23 Mar 2015 Senate: Withdrawn From Com(link is external)
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Mon, 23 Mar 2015 Senate: Re-ref Com On Judiciary I(link is external)
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Thu, 2 Apr 2015 Senate: Reptd Fav(link is external)
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Thu, 2 Apr 2015 Senate: Placed On Cal For 04/14/2015(link is external)
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Tue, 14 Apr 2015 Senate: Passed 2nd Reading(link is external)
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Tue, 14 Apr 2015 Senate: Passed 3rd Reading(link is external)
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Wed, 15 Apr 2015 Senate: Regular Message Sent To House(link is external)
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Wed, 15 Apr 2015 House: Regular Message Received From Senate(link is external)
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Wed, 15 Apr 2015 House: Regular Message Received From Senate(link is external)
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Thu, 16 Apr 2015 House: Passed 1st Reading(link is external)
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Thu, 16 Apr 2015 House: Ref To Com On Judiciary III(link is external)
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Wed, 27 May 2015 House: Reptd Fav(link is external)
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Wed, 27 May 2015 House: Re-ref Com On Judiciary II(link is external)
S 269
Bill Summaries:
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Bill S 269 (2015-2016)Summary date: Mar 11 2015 - View Summary
View: All Summaries for Bill