§ 1-75.4. Personal jurisdiction, grounds for generally. - North Carolina Statutes

§ 1‑75.4.  Personaljurisdiction, grounds for generally.

A court of this State havingjurisdiction of the subject matter has jurisdiction over a person served in anaction pursuant to Rule 4(j), Rule 4(j1), or Rule 4(j3) of the Rules of CivilProcedure under any of the following circumstances:

(1)        Local Presence orStatus. – In any action, whether the claim arises within or without this State,in which a claim is asserted against a party who when service of process ismade upon such party:

a.         Is a natural personpresent within this State; or

b.         Is a natural persondomiciled within this State; or

c.         Is a domesticcorporation; or

d.         Is engaged insubstantial activity within this State, whether such activity is whollyinterstate, intrastate, or otherwise.

(2)        Special JurisdictionStatutes. – In any action which may be brought under statutes of this Statethat specifically confer grounds for personal jurisdiction.

(3)        Local Act orOmission. – In any action claiming injury to person or property or for wrongfuldeath within or without this State arising out of an act or omission withinthis State by the defendant.

(4)        Local Injury;Foreign Act. – In any action for wrongful death occurring within this State orin any action claiming injury to person or property within this State arisingout of an act or omission outside this State by the defendant, provided inaddition that at or about the time of the injury either:

a.         Solicitation orservices activities were carried on within this State by or on behalf of thedefendant;

b.         Products, materialsor thing processed, serviced or manufactured by the defendant were used orconsumed, within this State in the ordinary course of trade; or

c.         Unsolicited bulkcommercial electronic mail was sent into or within this State by the defendantusing a computer, computer network, or the computer services of an electronicmail service provider in contravention of the authority granted by or inviolation of the policies set by the electronic mail service provider.Transmission of commercial electronic mail from an organization to its membersshall not be deemed to be unsolicited bulk commercial electronic mail.

(5)        Local Services,Goods or Contracts. – In any action which:

a.         Arises out of apromise, made anywhere to the plaintiff or to some third party for theplaintiff's benefit, by the defendant to perform services within this State orto pay for services to be performed in this State by the plaintiff; or

b.         Arises out ofservices actually performed for the plaintiff by the defendant within thisState, or services actually performed for the defendant by the plaintiff withinthis State if such performance within this State was authorized or ratified bythe defendant; or

c.         Arises out of apromise, made anywhere to the plaintiff or to some third party for theplaintiff's benefit, by the defendant to deliver or receive within this State,or to ship from this State goods, documents of title, or other things of value;or

d.         Relates to goods,documents of title, or other things of value shipped from this State by theplaintiff to the defendant on his order or direction; or

e.         Relates to goods,documents of title, or other things of value actually received by the plaintiffin this State from the defendant through a carrier without regard to where deliveryto the carrier occurred.

(6)        Local Property. – Inany action which arises out of:

a.         A promise, madeanywhere to the plaintiff or to some third party for the plaintiff's benefit,by the defendant to create in either party an interest in, or protect, acquire,dispose of, use, rent, own, control or possess by either party real propertysituated in this State; or

b.         A claim to recoverfor any benefit derived by the defendant through the use, ownership, control orpossession by the defendant of tangible property situated within this Stateeither at the time of the first use, ownership, control or possession or at thetime the action is commenced; or

c.         A claim that thedefendant return, restore, or account to the plaintiff for any asset or thingof value which was within this State at the time the defendant acquiredpossession or control over it; or

d.         A claim related to aloan made in this State or deemed to have been made in this State under G.S. 24‑2.1,regardless of the situs of the lender, assignee, or other holder of the loannote and regardless of whether the loan payment or fee is received through aloan servicer, provided that: (i) the loan was made to a borrower who is aresident of this State, (ii) the loan is incurred by the borrower primarily forpersonal, family, or household purposes, and (iii) the loan is secured by amortgage or deed of trust on real property situated in this State upon whichthere is located or there is to be located a structure or structures designedprincipally for occupancy of from one to four families.

(7)        Deficiency Judgmenton Local Foreclosure or Resale. – In any action to recover a deficiencyjudgment upon an obligation secured by a mortgage, deed of trust, conditionalsale, or other security instrument executed by the defendant or his predecessorto whose obligation the defendant has succeeded and the deficiency is claimedeither:

a.         In an action in thisState to foreclose such security instrument upon real property, tangiblepersonal property, or an intangible represented by an indispensable instrument,situated in this State; or

b.         Following sale ofreal or tangible personal property or an intangible represented by anindispensable instrument in this State under a power of sale contained in anysecurity instrument.

(8)        Director or Officerof a Domestic Corporation. – In any action against a defendant who is or was anofficer or director of a domestic corporation where the action arises out ofthe defendant's conduct as such officer or director or out of the activities ofsuch corporation while the defendant held office as a director or officer.

(9)        Taxes orAssessments. – In any action for the collection of taxes or assessments levied,assessed or otherwise imposed by a taxing authority of this State after thedate of ratification of this act.

(10)      Insurance orInsurers. – In any action which arises out of a contract of insurance asdefined in G.S. 58‑1‑10 made anywhere between the plaintiff or somethird party and the defendant and in addition either:

a.         The plaintiff was aresident of this State when the event occurred out of which the claim arose; or

b.         The event out ofwhich the claim arose occurred within this State, regardless of where theplaintiff resided.

(11)      PersonalRepresentative. – In any action against a personal representative to enforce aclaim against the deceased person represented, whether or not the action wascommenced during the lifetime of the deceased, where one or more of the groundsstated in subdivisions (2) to (10) of this section would have furnished a basisfor jurisdiction over the deceased had he been living.

(12)      Marital Relationship.– In any action under Chapter 50 that arises out of the marital relationshipwithin this State, notwithstanding subsequent departure from the State, if theother party to the marital relationship continues to reside in this State.  (1967, c. 954, ss. 2, 10;1969, c. 803; 1981, c. 815, s. 4; 1983, c. 231; 1995, c. 389, s. 1; 1999‑212,s. 1; 2007‑351, s. 2; 2008‑187, s. 1.)