§ 53-387. Power to reject claims; notice; affidavit of service; action on claims. - North Carolina Statutes

§ 53‑387.  Power toreject claims; notice; affidavit of service; action on claims.

If the Commissioner doubts thevalidity of any claim, the Commissioner may reject the claim, in whole or inpart, and serve notice of the rejection upon the claimant, either personally orby certified mail, and an affidavit of the service of the notice shall be filedin the office of the clerk of the superior court of the county in which theaction is pending and shall be conclusive evidence of the notice. Any action orsuit upon a rejected claim shall be brought by the claimant against theCommissioner in the superior court of the county in which the action is pendingwithin 90 days after service, or the action or suit shall be barred. Objectionsto any claim not rejected by the Commissioner may be made by any personinterested by filing the objection in the pending action and by serving a copythereof on the Commissioner. The Commissioner, after investigation, shalleither allow the objection and reject the claim, or disallow the objection. Ifthe objection is not allowed and the claim is not rejected, the Commissionershall file a notice in the pending action and serve the notice upon the personmaking the claim and the person objecting to the claim. Within 10 days after thenotice is filed, the person filing objection by motion in the pending actionmay question the validity of the claim, and the questions of law and issues offact shall thereupon be determined as in other civil actions. (2001‑263, s. 1.)