NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 464

HOUSE BILL 621

 

AN ACT ESTABLISHING AN ALTERNATIVE PROCEDURE FOR THE SHERIFF OF RANDOLPH COUNTY IN THE EXECUTION OF JUDGMENTS RENDERED IN EJECTMENT ACTIONS OR WRITS OF POSSESSION OF REAL PROPERTY.

 

The General Assembly of North Carolina enacts:

 

Section 1. In addition to all other actions and procedures authorized by law when any judgment or order of court directs that the defendant be removed from and the plaintiff be put in possession of demised premises and when the defendant so removed leaves any articles of personal property in or about the premises the sheriff or other duly authorized officer serving execution of such judgment or serving such order may immediately remove or cause to be removed such articles of personal property as remain in or about the premises to a place where such property may be stored.  The officer removing such property shall make inventory by at least general description of the property removed, list the date of removal and the name of the person or firm whose possession the property was removed.

Sec. 2. When such articles of personal property removed as above stated have remained unclaimed by the person or firm who may be entitled thereto for a period of five days after such removal, or when such person or firm within five days after such removal has failed to move said property from its place of storage, the Sheriff of Randolph County may cause to be published one time in some newspaper published in said county a notice to the effect that such articles are in the custody of his department and requiring all persons or firms who may have or claim any interest therein to make and establish such claim or interest therein not later than 30 days from the date of publication of such notice or in default thereof such articles will be sold or otherwise disposed of.  Such notice shall contain a brief description of said articles and such other information as the sheriff may consider necessary or advisable to reasonably inform the public as to the kind and the nature of the articles of personal property about which the notice relates.

Sec. 3. If said articles shall remain in the custody of the sheriff for a period of 30 days after the publication of the notice provided for in Section 2 above, then such property shall be deemed abandoned by the owner and the said sheriff is hereby authorized and empowered to sell the same at public auction for cash to the highest bidder either at the court house door of the county or at such place as such property may be stored, and at such sale to deliver the same to the purchaser or purchasers thereof.

Sec. 4. Before any sale of said property is made under the provisions of this act, however, the sheriff making the same shall first advertise the sale by publishing a notice thereof in some newspaper published in Randolph County at least one time not less than 10 days prior to the date of sale and by posting a notice of the sale at the court house door in Randolph County.  Said notice shall specify the time and place of sale and contain a general description of the articles of property to be sold.  It shall not be required that the sale lay open for increased bids or objections but it may be deemed closed when the purchaser at the sale pays the amount of the accepted bid.

Sec. 5. From the proceeds realized from the sale of said property the sheriff shall first pay the cost and the expense of the sale, and all other expenses incident to a compliance with this act and any balance remaining from the proceeds of such sale shall be paid within 30 days after the sale to the finance officer of Randolph County for the purpose of reimbursing the county for any expenses incurred in providing a place for storage of said property.  In the event the said county has incurred no expense in providing a place of storage for the property then any balance remaining shall be transferred by the finance officer of the said county to the general funds of the county or to such specific fund as may be designated by the board of commissioners of said county.

Sec. 6. Neither the sheriff or any other person acting under his direction, control, or employ shall be liable for any damages or claims on account of any such sale or disposition of the property as provided in this act.

Sec. 7. This act shall apply only to Randolph County.

Sec. 8. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of June, 1975.