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Changes to Existing Law

HB1178Revise a provision related to notice by registered or certified mail of a small claims action.

1 section modified+28-87
View:

§ 15-39-55

Amended
+28-87
Section 15-39-55 — AMENDED
Notice shall be is valid although even if the notice is refused by the defendant and, therefore, not delivered. If notice by registered or certified mail is returned, the clerk must, at the expense of the plaintiff, deliver the notice to the sheriff of the county in which the action is brought, and the sheriff must attempt to serve the notice. If service cannot be satisfied by the sheriff, the clerk must issue, at the request of the plaintiff and at the expense of the plaintiff, any other or further notice as the court may order. If the notice by all other methods is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall must issue, at the request of the plaintiff and at the expense of the plaintiff, such any other or further notice as the court may order. If the plaintiff elects not to pursue further notification of the defendant, or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice. 18