State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-543_1

Article44A.

Tender.

§ 1‑543.1.  Service oforder of tender; return.

In all matters in which it isproper or necessary to make or serve a tender, the clerk of the superior courtin the county in which the tender is to be made shall, upon request of the tenderingparty, direct the sheriff of said county to serve an order of tender, togetherwith the property to be tendered, upon the party or parties upon whom saidtender is to be made. In the event said property is incapable of being manuallytendered, said order of tender shall so state and service of said ordertendering same shall have the same legal effect as if the property had beenmanually tendered. Within five days after receipt of the order, the sheriffshall make his return thereon, showing upon whom the same was served, the dateand hour of service, the property tendered, and whether or not said tender wasaccepted, or that, after due diligence, the party or parties upon whom servicewas to be made could not be found within the county. He shall then return saidorder of tender to the clerk who issued it, and this shall constitute propertender. Nothing in this section shall be construed to prevent other methods oftender or tender by any party to an action in open court upon any other partyto said action. (1965, c. 699.)