§ 15B-34. Civil action to recover profits or funds; responsibilities of the Commission. - North Carolina Statutes

§ 15B‑34.  Civil actionto recover profits or funds; responsibilities of the Commission.

(a)        Civil Action. –Notwithstanding any inconsistent provision of law with respect to the timelybringing of an action, an eligible person may, within three years of thediscovery of any profit from crime or funds of an offender, bring a civilaction in a court of competent jurisdiction against an offender for damagesarising out of the offense for which the offender was convicted.

(b)        Notice by EligiblePersons. – Upon filing an action under subsection (a) of this section, theeligible person shall give notice to the Commission of the filing by deliveringa copy of the summons and complaint to the Commission. The eligible person mayalso give notice to the Commission prior to filing the action so as to allowthe Commission to apply for any appropriate provisional remedies, which areotherwise authorized to be invoked prior to the commencement of an action.

(c)        Responsibilities ofCommission. – Upon receipt of a copy of a summons and complaint, or uponreceipt of notice from the eligible person prior to filing an action, theCommission shall immediately take action to:

(1)        Notify all otherknown eligible persons of the filing of the civil action by certified mail,return receipt requested, where the eligible persons' names and addresses areknown to the Commission.

(2)        Provide, in itsdiscretion, for additional notice as it deems necessary.

(3)        Avoid the wasting ofthe assets identified in the complaint as the profit from crime or funds of anoffender in any manner consistent with subsection (d) of this section.

(d)        Standing; Authorityto Avoid Wasting of Assets. – The Commission has standing and, acting on itsown behalf or on behalf of all eligible persons, shall have the right to applyfor any and all provisional remedies that are also otherwise available to theplaintiff in the civil action brought under subsection (a) of this section,including attachment, injunction, constructive trust, and receivership. On amotion for a provisional remedy, the moving party shall state whether any otherprovisional remedy has previously been sought in the same action against thesame defendant. The court may require the moving party to elect between thoseremedies to which it would otherwise be entitled. (2004‑159, s. 2.)