GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1600

Short Title:  Service of Process.	(Public)
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Sponsors: Representatives R. Hunter, Baddour; Jeffus and Bowman.
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Referred to:  Judiciary II.
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO ALLOW SERVICE OF PROCESS BY A PRIVATE PROCESS SERVER WHEN A PROPER OFFICER RETURNS SERVICE OF PROCESS UNEXECUTED.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1A-1, Rule 4(h), reads as rewritten:
"(h)	Summons – When proper officer not available. – If at anytime there is not in a county a proper officer, capable of executing process, to whom summons or other process can be delivered for service, or if a proper officer refuses or neglects to execute such process, or if a proper officer returns such process unexecuted, or if such officer is a party to or otherwise interested in the action or proceeding, the clerk of the issuing court, upon the facts being verified before him by written affidavit of the plaintiff or his agent or attorney, shall appoint some suitable person who, after he accepts such process for service, shall execute such process in the same manner, with like effect, and subject to the same liabilities, as if such person were a proper officer regularly serving process in that county.  In an action in which a proper officer returns the process unexecuted, the plaintiff or his agent or attorney shall submit to the clerk the name of some suitable person to execute service of process; that person shall be compensated, if at all, by the plaintiff or his agent or attorney, shall not be a party to the action, and shall not be less than 21 years of age."
Sec. 2.  This act becomes effective September 1, 1994, and applies to actions that are filed or have not reached final judgment on or after that date.