GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 928

Short Title:  No Bond for Certain Actions.	(Public)
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Sponsors: Representative Holt.
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Referred to:  Judiciary I.
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April 19, 1991

A BILL TO BE ENTITLED
AN ACT TO ELIMINATE BOND IN ACTIONS WHERE THE STATE OR A COUNTY IS THE PLAINTIFF.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1A-1, Rule 55(c), reads as rewritten:
"(c)	Service by publication. – When service of the summons has been made by published notice, no judgment shall be entered on default until the plaintiff shall have filed a bond, approved by the court, conditioned to abide such order as the court may make touching the restitution of any property collected or obtained by virtue of the judgment in case a defense is thereafter permitted and sustained; provided, that in actions involving the title to real estate or to foreclose mortgages thereon or in actions in which the State of North Carolina or a county thereof is the plaintiff such bond shall not be required."
Sec. 2.  This act is effective upon ratification and applies to actions commenced on or after that date.