58-3319. Service of process.

58-3319

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 33.--UNIFORM LAND SALES PRACTICES ACT

      58-3319.   Service of process.(a) In addition to the methods of service provided for in the rules ofcivil procedure, service may be made by delivering a copy of the process tothe office of the commissioner, but it is not effective unless theplaintiff (which may be the commissioner in a proceeding instituted by thecommissioner):

      (1)   Forthwith sends a copy of the process and of the pleading bycertified or registered mail to the defendant or respondent at his or her lastknown address, and

      (2)   the plaintiff's affidavit of compliance with this section is filedin the case on or before the return day of the process, if any, or withinsuch further time as the court allows.

      (b)   If any person, including any nonresident of this state, engages inconduct prohibited by this act or any rule or regulation or order hereunder, and has notfiled a consent to service of process and personal jurisdiction over said personcannot otherwise be obtained in this state, that conduct authorizes thecommissioner to receive service of process in any noncriminal proceedingagainst said person or his or her successor which grows out of that conduct and which isbrought under this act or any rule or regulation or order hereunder, with the same forceand validity as if served on him or her personally. Notice shall be given asprovided in subsection (a).

      History:   L. 1967, ch. 311, § 19; L. 1976, ch. 241, § 15; July 1.