§ 127B-25 – Title.
127B-25. Title. This Article may be cited as the North Carolina Servicemembers Civil Relief Act. (2019-161, s. 1(a).)
§ 127B-26 – Purpose.
127B-26. Purpose. This Article is intended to incorporate into State law the rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, and to extend those rights, benefits, and protections to members of the North Carolina National Guard serving on State active duty and […]
§ 127B-27 – Definitions.
127B-27. Definitions. The following definitions apply in this Article: (1) Dependent. – As defined in 50 U.S.C. 3911(4). (2) Military order. – Official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to the servicemember’s current or future military service. In the case of a member of the North […]
§ 127B-28 – Incorporation and expansion of federal Servicemembers Civil Relief Act; copy of military order.
127B-28. Incorporation and expansion of federal Servicemembers Civil Relief Act; copy of military order. (a) The rights, benefits, and protections of the federal Servicemembers Civil Relief Act, Chapter 50 of Title 50 of the United States Code, apply to a servicemember engaged in military service to the extent the servicemember’s military service materially affects the […]
§ 127B-29 – Dependent's rights and protections.
127B-29. Dependent’s rights and protections. A dependent of a servicemember engaged in military service has the same rights and protections provided to a servicemember under G.S. 127B-30 and a dependent under Subchapter III of Chapter 50 of Title 50 of the United States Code. (2019-161, s. 1(a); 2019-243, s. 29.5(a).)
§ 127B-30 – Termination of contract upon receipt of military order; requirements.
127B-30. Termination of contract upon receipt of military order; requirements. (a) It is the policy of this State that servicemembers who have entered into certain service contracts and who later receive military orders to relocate to a location that does not support those contracts as determined by the service provider should not be penalized for […]
§ 127B-31 – Stay of court proceedings because of military service.
127B-31. Stay of court proceedings because of military service. (a) At any stage of any civil action or proceeding in which a servicemember engaged in military service is a party, the court may stay the action or proceeding on its own motion and shall stay the action or proceeding on application by the servicemember, or […]
§ 127B-32 – Eviction; penalty or fee; extension of lease.
127B-32. Eviction; penalty or fee; extension of lease. (a) If a servicemember who is a member of the North Carolina National Guard, or who is a member of the National Guard of another state who resides in this State, has a lease agreement on the servicemember’s residence and the lease agreement expires while the servicemember […]
§ 127B-33 – No waiver.
127B-33. No waiver. This Article supersedes any agreement that reduces, limits, or eliminates any right or benefit provided by this Article. (2019-161, s. 1(a).)
§ 127B-34 – Violation is unfair or deceptive trade practice.
127B-34. Violation is unfair or deceptive trade practice. A knowing violation of this Article is an unfair or deceptive trade practice for purposes of Chapter 75 of the General Statutes. (2019-161, s. 1(a).)
§ 127B-35 – Action by Attorney General.
127B-35. Action by Attorney General. (a) Civil Action. – The Attorney General may commence a civil action against any person that violates any provision of this Article. (b) Remedies. – The court may order any of the following remedies: (1) Injunction. (2) Payment of restitution to a servicemember in the amount of money unlawfully received […]
§ 127B-36 – Private right of action.
127B-36. Private right of action. (a) Civil Action. – A servicemember aggrieved by a person’s violation of any provision of this Article may commence a civil action against that person. (b) Remedies. – The court may order any of the following remedies: (1) Injunction. (2) Payment of restitution to a servicemember in the amount of […]