GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-246
HOUSE BILL 630
AN ACT providing that the trial in a summary ejectment proceeding may commence not sooner than two business days after service of the complaint and summons on the defendant.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 42-29 reads as rewritten:
"§ 42-29. Service of summons.
The officer receiving the summons shall mail a copy of the
summons and complaint to the defendant no later than the end of the next
business day or as soon as practicable at the defendant's last known address in
a stamped addressed envelope provided by the plaintiff to the action. The
officer may, within five days of the issuance of the summons, attempt to
telephone the defendant requesting that the defendant either personally visit
the officer to accept service, or schedule an appointment for the defendant to
receive delivery of service from the officer. If the officer does not attempt
to telephone the defendant or the attempt is unsuccessful or does not result in
service to the defendant, the officer shall make at least one visit to the
place of abode of the defendant within five days of the issuance of the summonssummons,
but at least two days prior to the day the defendant is required to appear to
answer the complaint, excluding legal holidays, at a time reasonably
calculated to find the defendant at the place of abode to attempt personal
delivery of service. He then shall deliver a copy of the summons together with
a copy of the complaint to the defendant, or leave copies thereof at the
defendant's dwelling house or usual place of abode with some person of suitable
age and discretion then residing therein. If such service cannot be made the
officer shall affix copies to some conspicuous part of the premises claimed and
make due return showing compliance with this section."
SECTION 2. This act becomes effective October 1, 2009, and applies to actions filed on or after that date.
In the General Assembly read three times and ratified this the 23rd day of June, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 6:33 p.m. this 30th day of June, 2009