§ 14-168.5. Prima facie evidence of intent to convert a truck, automobile, or other motor vehicle; demand for return or payment. - North Carolina Statutes

§ 14‑168.5.  Prima facieevidence of intent to convert a truck, automobile, or other motor vehicle;demand for return or payment.

(a)        Prima FacieEvidence. – It shall be prima facie evidence of intent to commit a crime as setforth in G.S. 14‑167, 14‑168, and 14‑168.1 when one who has,by written instrument, leased or rented a truck, automobile, or other motorvehicle owned by another:

(1)        Failed or refused toreturn the vehicle to the lessor or rentor at the place specified after thelease, bailment, or rental agreement has expired, within 72 hours after writtendemand for the vehicle is made in accordance with subsection (b) of thissection; or

(2)        When the leasing orrental of the vehicle is obtained by presentation of identification to thelessor or rentor of the vehicle which is false, fictitious, or knowingly notcurrent as to name, address, place of employment, or other identification.

(b)        Method of Demand;When Effective. –

(1)        Demand for return ofa leased or rented truck, automobile, or other motor vehicle may be made in oneof three ways:

a.         By personal servicein accordance with Rule 4(j) of the North Carolina Rules of Civil Procedure.

b.         By certified mail,return receipt requested, addressed to the last known address provided in thelease, bailment, or rental agreement.

c.         By depositing thedemand with a designated delivery service authorized pursuant to 26 U.S.C. §7502(f)(2) addressed to the last known address provided in the lease, bailment,or rental agreement.

(2)        Demand is effectiveupon hand delivery to the last known address, three days after deposit by mail(even if the demand is returned as undeliverable), or upon delivery by adesignated delivery service to the last known address. (2005‑182, s. 3.)