GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   2

HOUSE BILL 293

Committee Substitute Favorable 4/5/11

Short Title:        Summary Ejectment/Summons in Envelope.	(Public)
Sponsors:
Referred to:

March 10, 2011

A BILL TO BE ENTITLED

AN ACT providing that the summons and complaint in a summary ejectment action if affixed to the demised premises shall be placed in an envelope containing the name and address of the tenant.

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 summons, 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 made, the officer shall affix copies, which shall be placed in an envelope on which the name and address of the tenant are displayed, to some conspicuous part of the premises claimed and make due return showing compliance with this section. The plaintiff to the action shall provide both envelopes displaying the name and address of the tenant as required by this section, and the envelopes shall be standard #10 size envelopes."

SECTION 2.  This act becomes effective October 1, 2011, and applies to summonses and complaints issued on or after that date.