National Association of Professional Process Servers

National Association of Professional Process Servers


NC HB881 - Amends Service of Summons

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This bill was introduced on April 16, 2019.
Summary: Amends AN ACT TO PROVIDE FOR AN ELECTION BY THE PLAINTIFF TO UTILIZE A PRIVATE PROCESS SERVER IN COUNTIES WITH POPULATIONS OF TWO HUNDRED FIFTY
THOUSAND OR GREATER. SECTION 1. G.S. 42-28.

To Read FUll TEXT:

https://legiscan.com/NC/text/H881/id/1994658/North_Carolina-2019-H881-Introduced.pdf

Amends SECTION 1. G.S. 42-28 by adding the language, below.

  • "§ 42-28. Summons issued by clerk.

...

  • “(b) In counties with 250,000 or more residents as of the most recent decennial federal

  • 17  census, after the summons is issued, at the election of the plaintiff, the clerk shall either (i) return

  • 18  the summons to the plaintiff or (ii) forward the summons to the sheriff for service. If the

  • 19  magistrate severs the claim for monetary damages pursuant to G.S. 7A-223(b1), the plaintiff may

  • 20  extend the action in accordance with G.S. 1A-1, Rule 4(d).”

 

Further amends SECTION 2. G.S. 42-29 by adding the language, below.

  • "§ 42-29. Service of summons.

...

  • (b) As used in this Article, and only with respect to service for summary ejectment

  • 5  proceedings in counties with 250,000 or more residents as of the most recent decennial federal

  • 6  census, the term "process server" shall mean any person over the age of 21 years who is not a

  • 7  party to the action, who is not related by blood or marriage to a party to the action or to a person

  • 8  upon whom service is to be made, and who is hired by the plaintiff or the plaintiff's agent or

  • 9  attorney for the purpose of serving the summons and complaint for summary ejectment, and the

  • 10  term "officer" shall mean the sheriff of the county where the subject premises is situated.

  • 11  (c) As used in this Article, and only with respect to service for summary ejectment

  • 12  proceedings in counties with 250,000 or more residents as of the most recent decennial federal

  • 13  census, a process server may effectuate proper service upon a defendant solely for purposes of

  • 14  summary ejectment by mailing a copy of the issued summons and signed complaint to the

  • 15  defendant no later than the end of the next business day after receipt of said summons and

  • 16  complaint or as soon as practicable at the defendant's last known address in a stamped addressed

  • 17  envelope provided by the plaintiff to the action. The process server shall then deliver a copy of

  • 18  the summons together with a copy of the complaint to the defendant by affixing copies of the

  • 19  summons and complaint to some conspicuous part of the premises claimed and make due return

  • 20  showing compliance with this section in the form of an affidavit of service. Said affidavit of

  • 21  service shall set forth the time, place, and manner by which the requirements set forth herein

  • 22  were completed."