§ 28C-5 – Service of notices.
28C-5. Service of notices. All notices required under this Chapter shall be served on all parties to the action and on all other persons entitled to such notice in the manner now prescribed by Rules of Civil Procedure, and in addition thereto the absentee shall be served by publication once in each of four successive […]
§ 28C-6 – Procedure after notice.
28C-6. Procedure after notice. The absentee or any person entitled to notice as provided in G.S. 28C-4 may appear and show cause why a permanent receiver of the absentee’s property should not be appointed to hold and dispose of the property under the provisions of this Chapter. The judge may, after the hearing, either dismiss […]
§ 28C-7 – Property transferred to permanent receiver by order of judge; filing of inventory; recordation of order of transfer.
28C-7. Property transferred to permanent receiver by order of judge; filing of inventory; recordation of order of transfer. Upon the permanent receiver giving bond as required by G.S. 28C-16 and its approval by the judge, the judge shall order the temporary receiver to transfer and deliver to the permanent receiver custody and control of the […]
§ 28C-8 – Powers and duties of permanent receiver.
28C-8. Powers and duties of permanent receiver. The permanent receiver shall under the direction of the judge administer the absentee’s property as an equity receivership with the following powers: (1) To take custody and control of all property of the absentee wherever situated, (2) To collect all debts due to the absentee and to pay […]
§ 28C-9 – Search for absentee.
28C-9. Search for absentee. The judge shall by order direct the receiver to make a search for the absentee. The order shall specify the manner in which the search is to be conducted in order to insure that, in the light of the circumstances of the particular case, a diligent and reasonable effort be made […]
§ 28C-10 – Claims against absentee.
28C-10. Claims against absentee. Immediately upon the appointment of a permanent receiver under this Chapter, the permanent receiver shall publish a notice addressed to all persons having claims against the absentee informing them of the action taken and requiring them to file their claims under oath with the permanent receiver. If any claimant fails to […]
§ 28C-11 – Final finding and decree.
28C-11. Final finding and decree. (a) At any time, during the receivership proceedings, upon application to the judge by any party in interest and presentation of satisfactory evidence of the absentee’s death, the judge may make a final finding and decree that the absentee is dead; in which event the decree and transcript of all […]
§ 28C-12 – Termination of receivership.
28C-12. Termination of receivership. Upon the entry of any final finding and decree as provided in G.S. 28C-11, the judge shall proceed to wind up the receivership and terminate the proceedings: (1) In the case of a decree under G.S. 28C-11, subsection (a), that the absentee is dead: a. By satisfying all outstanding expenses and […]
§ 28C-1 – Death not presumed from seven years' absence; exposure to peril to be considered.
28C-1. Death not presumed from seven years’ absence; exposure to peril to be considered. (a) Death Not to Be Presumed from Mere Absence. – In any action under this Chapter, where the death of a person and the date thereof, or either, is in issue the fact that he has been absent from his place […]
§ 28C-2 – Action for receiver; contents of complaint; parties.
28C-2. Action for receiver; contents of complaint; parties. (a) Action for Receiver to Be Instituted in the Superior Court. – If any person having an interest in any property in this State disappears and is absent from his place of residence and after diligent inquiry his whereabouts remains unknown to those persons most likely to […]