North Carolina § 1-21 - Defendant out of State; when action begun or judgment enforced.

§ 1-21. Defendant out of State; when action begun or judgment enforced.

If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after such cause of action accrues or judgment is rendered or docketed, such person departs from and resides out of this State, or remains continuously absent therefrom for one year or more, the time of his absence shall not be a part of the time limited for the commencement of the action or the enforcement of the judgment. Provided, that where a cause of action arose outside of this State and is barred by the laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State. The provisions of this section shall not apply to the extent that a court of this State has or continues to have jurisdiction over the person under the provisions of G.S. 1-75.4 . History (C.C.P., s. 41; 1881, c. 258, ss. 1, 2; Code, s. 162; Rev., s. 366; C.S., s. 411; 1955, c. 544; 1979, c. 525, s. 1.) Legal Periodicals. - For brief comment on the 1955 amendment, see 33 N.C.L. Rev. 531 (1955). For note on choice of law rules in North Carolina, see 48 N.C.L. Rev. 243 (1970). For article, "Statutes of Limitations in the Conflict of Laws," see 52 N.C.L. Rev. 489 (1974). For comment discussing perceived conflict between G.S. 1-75.4 and this section prior to enactment of the second paragraph thereof, see 12 Wake Forest L. Rev. 1041 (1976). For survey of 1976 case law on civil procedure, see 55 N.C.L. Rev. 914 (1977). For survey of 1979 law on civil procedure, see 58 N.C.L. Rev. 1261 (1980).