NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 417

HOUSE BILL 871

AN ACT TO AMEND THE CIVIL PROCESS FEE RELATING TO EXECUTION FEES OF THE SHERIFF.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 7A-311(a)(3) is hereby amended by adding a new sentence thereto, to read as follows:

"Whenever an execution is issued to the sheriff, and subsequently while the execution is in force and outstanding, and after the sheriff has served or attempted to serve such execution, the judgment, or any part thereof, is paid directly or indirectly to the judgment creditor, the fee herein is payable to the sheriff on the amount so paid. The judgement creditor shall be responsible for collecting and paying all execution fees on amounts paid directly to the judgment creditor."

Sec. 2.  G.S. 7A-311(a)(1) is hereby amended by deleting the phrase "or attempted to be served," therefrom.

Sec. 3.  This act shall become effective on July 1, 1973.

In the General Assembly read three times and ratified, this the 9th day of May, 1973.