State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-507_7

§ 1‑507.7.  Report onclaims to court; exceptions and jury trial.

It is the duty of the receiverto report to the session of the superior court subsequent to a finding by himas to any claim against the corporation, and exceptions thereto may be filed byany person interested, within 10 days after notice of the finding by thereceiver, and not later than within the first three days of the said term; and,if, on an exception so filed, a jury trial is demanded, it is the duty of thecourt to prepare a proper issue and submit it to a jury; and if the demand isnot made in the exceptions to the report the right to a jury trial is waived.The judge may, in his discretion, extend the time for filing such exceptions.Provided, that no court shall issue any order of distribution or order ofdischarge of a receiver until said receiver has proved to the satisfaction ofthe court that written notice has been mailed to the last known address ofevery claimant who has properly filed claim with the receiver, to the effect thatsuch orders will be applied for at a certain time and place therein set forthand by producing a receipt issued by the United States post office, showingthat such notice has been mailed to each of such claimant's last known addressat least 20 days prior to the time set for hearing and passing upon suchapplication to the court for said orders of distribution and/or discharge.

As to delinquency proceedingsfor insurance companies under Article 30 of General Statutes Chapter 58, suchprior notice need be given only to those claimants whose presented claims havebeen denied or have not been adjudicated; and notice is satisfied by mailingeither a general notice of application for distribution showing disposition ofthe claims or a copy of the application to such claimants. Proof of mailingwith the United States Postal Service may be made by the receiver's certificateof service without either the necessity of postal receipt or the listing ofindividual claimants names and addresses. (1901, c. 2, s. 83; Rev., s. 1230; C.S., s. 1213;1945, c. 219; 1955, c. 1371, s. 2; 1971, c. 381, s. 12; 1985, c. 666, s. 70;2003‑221, s. 3.)