North Carolina General Statutes 14-168.5. Prima facie evidence of intent to convert a truck, automobile, or other motor vehicle; demand for return or payment
(a) Prima Facie Evidence. – It shall be prima facie evidence of intent to commit a crime as set forth in N.C. Gen. Stat. § 14-167, 14-168, and 14-168.1 when one who has, by written instrument, leased or rented a truck, automobile, or other motor vehicle owned by another:
(1) Failed or refused to return the vehicle to the lessor or rentor at the place specified after the lease, bailment, or rental agreement has expired, within 72 hours after written demand for the vehicle is made in accordance with subsection (b) of this section; or
Terms Used In North Carolina General Statutes 14-168.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(2) When the leasing or rental of the vehicle is obtained by presentation of identification to the lessor or rentor of the vehicle which is false, fictitious, or knowingly not current as to name, address, place of employment, or other identification.
(b) Method of Demand; When Effective. –
(1) Demand for return of a leased or rented truck, automobile, or other motor vehicle may be made in one of three ways:
a. By personal service in 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 the lease, bailment, or rental agreement.
c. By depositing the demand 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 effective upon 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 a designated delivery service to the last known address. (2005-182, s. 3.)