NC Service members Civil Relief Act (S.L. 2019-161) New legislation

NC Service members Civil Relief Act (S.L. 2019-161) New legislation

Late last week, our office received a Memorandum from the N.C. Administrative Office of the Courts, providing a summary of a new law that went into effect in NC on Tues Oct 1 relating to statewide application of the Federal SCRA laws. We are emailing to provide you with a copy of this Memo so that all our clients can read and be aware of this information for themselves.

Please click the image to download a copy of the complete memorandum.

Since the requirements of the SCRA apply to potentially every eviction case that is filed, we expect that this new law will have an impact on our filing and courtroom procedures in the days and weeks ahead.  A new SCRA Affidavit was also introduced by the AOC, and we have already taken steps to incorporate this new document into our processes for this month’s upcoming filings.  What is unknown at this time, however, is how the Courts will expect to see this form utilized. We will be gathering and relaying information to you about whether there will be uniform usage of this form at all Courthouses In NC, or if there will be unique expectations in your particular County’s Courts.

Either way, please stay tuned and keep an eye on your email for future updates from us as we have them available for you.

Hurricane Dorian – Update #4

Hurricane Dorian – Update #4

Hurricane Dorian – Update #4

 

Updated September 3 @ 9:45 pm – The following county courthouses are closed until further notice. Please see our original post for information about how we will proceed once the storm has passed.  

Because more counties are being added on a daily (sometimes hourly) basis, please click the links at the bottom of this post to see if your county is currently or planning to close.

 

Georgiahttps://bit.ly/34g3tRt

North Carolinahttp://www.nccourts.org/News/Advisories.asp

South Carolina – http://www.scemd.org/closings

 

See All Updates

Hurricane Dorian – Update #3

Hurricane Dorian – Update #3

Hurricane Dorian – Update #3

 

Updated September 3 @ 9:45 am – The counties below are in the mandatory evacuation areas and some of our clients have court dates in the affected areas.  If your county has announced mandatory evacuations and you have court scheduled, please follow the advice of your local authorities and be safe. 

Beaufort County, SC – All Beaufort County Government offices are closed until further notice (https://beaufortcountysc.gov).

Berkley County, SC Berkeley County held a press conference at 10 a.m. Monday, with the Berkeley County Sheriff, County Supervisor, Berkeley County School Superintendent, County Council, municipal leaders, and emergency preparedness staff. During that press conference, the announcement was made that Berkeley County Government offices will be closed Tuesday, September 3 – Thursday, September 5. The press conference can be viewed here: http://bit.ly/10AMPresser

Charleston County, SC Governor Henry McMaster has issued an evacuation order for Charleston County, starting at noon Sept. 2. In response, Charleston County Government offices will be closed Tuesday Sept. 3 – Thursday Sept. 5. Additional details will be provided tomorrow.   (https://www.charlestoncounty.org/news/2019/4345.pdf)

Colleton County, SC – Per their website (https://www.colletoncounty.org), beginning Tuesday, September 3 all Dorchester County Offices … will be closed until further notice.

Dorchester County, SC – Per their website (https://www.dorchestercountysc.gov/Dorian), beginning Tuesday, September 3 all Dorchester County Offices … will be closed until further notice.

Georgetown County, SC – Georgetown County Government offices are partially closed until further notice (http://www.georgetowncountysc.org).

Horry County, SC – Horry County Government offices are partially closed until further notice (https://www.horrycounty.org).

Jasper County, SC – Jasper County is under the mandatory coastal evacuation order issued by Governor McMaster, and per the SCEMD website (https://www.scemd.org/closings/), all government offices are closed.

 

For all other counties, please keep an eye on social media alerts from your county officials regarding county closings.  Also, you may visit the links below for Georgia, North Carolina, and South Carolina to see if anything has changed.  We will send out email alerts and update our website as well.  Please be safe!

Georgiahttps://bit.ly/34g3tRt

North Carolinahttp://www.nccourts.org/News/Advisories.asp

South Carolina – http://www.scemd.org/closings

 

See All Updates

Hurricane Dorian – Update #3

Hurricane Dorian – Update #2

Hurricane Dorian – Update #2

 

Updated September 2 @ 9:30 pm – The counties below are in the mandatory evacuation areas and some of our clients have court dates in the affected areas.  If your county has announced mandatory evacuations and you have court scheduled, please follow the advice of your local authorities and be safe. 

Berkley County, SC Berkeley County held a press conference at 10 a.m. Monday, with the Berkeley County Sheriff, County Supervisor, Berkeley County School Superintendent, County Council, municipal leaders, and emergency preparedness staff. During that press conference, the announcement was made that Berkeley County Government offices will be closed Tuesday, September 3 – Thursday, September 5. The press conference can be viewed here: http://bit.ly/10AMPresser

Charleston County, SC Governor Henry McMaster has issued an evacuation order for Charleston County, starting at noon Sept. 2. In response, Charleston County Government offices will be closed Tuesday Sept. 3 – Thursday Sept. 5. Additional details will be provided tomorrow.   (https://www.charlestoncounty.org/news/2019/4345.pdf)

Dorchester County, SC – Per their website (https://www.dorchestercountysc.gov/Dorian), beginning Tuesday, September 3 all Dorchester County Offices … will be closed until further notice.

Jasper County, SC – Jasper County is under the mandatory coastal evacuation order issued by Governor McMaster, and per the SCEMD website (https://www.scemd.org/closings/), all government offices are closed.

 

For all other counties, please keep an eye on social media alerts from your county officials regarding county closings.  Also, you may visit the links below for Georgia, North Carolina, and South Carolina to see if anything has changed.  We will send out email alerts and update our website as well.  Please be safe!

Georgiahttps://bit.ly/34g3tRt

North Carolinahttp://www.nccourts.org/News/Advisories.asp

South Carolina – http://www.scemd.org/closings

 

See All Updates

Hurricane Dorian – Update #1

Hurricane Dorian – Update #1

We are closely following Hurricane Dorian’s projected path.  All three states in our service area (GA, NC, and SC) are under a state of emergency. For the most up-to-date information on this week’s court dates and possible cancellations, as well as office closures, please check back. We will continue to update this page as more information is available.

If severe weather impacts your area and courts are closed or delayed, we will contact the clerk of courts after they are open and reschedule your cases for the first available date.  Please allow us ample time (2-3 business days) to do this after the courts have reopened, especially if multiple counties are affected.  We will work as expeditiously as possible, but depending on the severity of the impact on our states, it could take several days to reschedule things because the courts are overwhelmed with phone calls and communications.  Once cases have been rescheduled, we will update the eviction portal and the system will send out email updates that night.

Please keep an eye on social media alerts from your county officials regarding county closings.  Also, you may visit the links below for Georgia, North Carolina, and South Carolina to see if anything has changed.  We will send out email alerts and update our website as well.  Please be safe!

Georgiahttps://bit.ly/34g3tRt

North Carolinahttp://www.nccourts.org/News/Advisories.asp

South Carolina – http://www.scemd.org/closings

 

See all updates

NC Legislature Finally Raises NSF Fees

NC Legislature Finally Raises NSF Fees

After decades of being stuck with an out-of-date NSF fee that left you holding the bag every time a tenant gave you an NSF payment, with you paying more to YOUR bank than you were allowed to charge back to the tenant who gave you the NSF payment in the first place, our Legislature has heard the cries and made a change!

Starting on Oct. 1 of this year, then, for any check written after that date that is refused for insufficient funds or no account, you will be permitted to charge and collect an NSF processing fee of a maximum of $35 (instead of just $25). Make sure you check with your attorney for advice about how to implement and take advantage of this change, but regardless – Bravo to our State Lawmakers!