State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-21

§1‑21.  Defendant out of State; when action begun or judgment enforced.

If when the cause of actionaccrues or judgment is rendered or docketed against a person, he is out of theState, action may be commenced, or judgment enforced within the times hereinlimited after the return of the person into this State, and if, after suchcause of action accrues or judgment is rendered or docketed, such persondeparts from and resides out of this State, or remains continuously absenttherefrom for one year or more, the time of his absence shall not be a part ofthe time limited for the commencement of the action or the enforcement of thejudgment. Provided, that where a cause of action arose outside of this Stateand is barred by the laws of the jurisdiction in which it arose, no action maybe maintained in the courts of this State for the enforcement thereof, exceptwhere the cause of action originally accrued in favor of a resident of thisState.

The provisions of this sectionshall not apply to the extent that a court of this State has or continues tohave jurisdiction over the person under the provisions of G.S. 1‑75.4. (C.C.P.,s. 41; 1881, c. 258, ss. 1, 2; Code, s. 162; Rev., s. 366; C.S., s. 411; 1955,c. 544; 1979, c. 525, s. 1.)