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. (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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Limitations, General Provisions.
§ 1-15 - Statute runs from accrual of action.
§ 1-18 - Disability of marriage.
§ 1-19 - Cumulative disabilities.
§ 1-20 - Disability must exist when right of action accrues.
§ 1-21 - Defendant out of State; when action begun or judgment enforced.
§ 1-22 - Death before limitation expires; action by or against personal representative or collector.
§ 1-23 - Time of stay by injunction or prohibition.
§ 1-24 - Time during controversy on probate of will or granting letters.
§ 1-26 - New promise must be in writing.
§ 1-27 - Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
§ 1-30 - Applicable to actions by State.
§ 1-31 - Action upon a mutual, open and current account.
§ 1-32 - Not applicable to bank bills.