Bill Summary for H 881 (2015-2016)

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Summary date: 

Apr 29 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 881 (Public) Filed Tuesday, April 14, 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 AND TO PROVIDE FOR AN ELECTION BY THE PLAINTIFF TO UTILIZE A PRIVATE PROCESS SERVER IN COUNTIES WITH POPULATIONS OF TWO HUNDRED THOUSAND OR GREATER.
Intro. by Jordan, Bryan, Earle.

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Bill summary

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

Amends new subsection (b) in GS 42-28 (Summons issued by clerk) to provide that in counties with a population of 200,000 or more (was, with a population of 100,000 or more) as of the most recent 10-year federal census, after the summons is issued by the clerk pursuant to a claim by the landlord-plaintiff (plaintiff) under GS 42-26 or 42-27, the plaintiff may choose to either have the clerk return the summons to the plaintiff or forward it to the sheriff for service.

Amends new subsection (b) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more (was, 100,000 or more) as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, process server(was, officer) means any person over the age of 21 who is not a party to the action, related by blood or marriage to any party to the action or to a person upon whom service is to be made, and who is hired by the plaintiff or the plaintiff's agent or attorney to serve the summons and complaint for summary ejectment. Clarifies that officermeans the sheriff of the county where the property is situated (was, provided that officerencompassed both meanings).

Enacts new subsection (c) to GS 42-29 (Service of summons) toprovide that in counties with a population of 200,000 or more as of the most recent 10-year federal census, andonly with respect to service for summary ejectment proceedings, proper service on a defendant may be made by a process server by mailing a copy of the summons and the signed complaint to the defendant. Specifies timelines and other requirements for proper service by mail. Requires that the process server show compliance with the proper service requirements in the form of an affidavit for service setting forth the time, place, and manner by which the service requirements were met.

Makes a conforming change to the bill's long title.