§ 1-440 – Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.
1-440. Superseded by Session Laws 1947, c. 693, codified as 1-440.1 et seq.
§ 1-440.1 – Nature of attachment.
1-440.1. Nature of attachment. (a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring property of a defendant within the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment […]
§ 1-440.10 – Bond for attachment.
1-440.10. Bond for attachment. Before the court issues an order of attachment, the plaintiff must furnish a bond as follows: (1) The amount of the bond shall be such as may be fixed by the court issuing the order of attachment and shall be such as may be deemed necessary by the court in order […]
§ 1-440.11 – Affidavit for attachment; amendment.
1-440.11. Affidavit for attachment; amendment. (a) To secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit (1) In every case: a. The plaintiff has commenced or is about to commence an action, the purpose of which, in whole or in part, or in the alternative, […]
§ 1-440.12 – Order of attachment; form and contents.
1-440.12. Order of attachment; form and contents. (a) If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S. 1-440.10 is furnished, the court shall issue an order of attachment which shall (1) Show the venue, the court in which the action […]
§ 1-440.13 – Additional orders of attachment at time of original order; alias and pluries orders.
1-440.13. Additional orders of attachment at time of original order; alias and pluries orders. (a) At the time the original order of attachment is issued, or thereafter, one or more additional orders, at the request of the plaintiff, may be issued, and any such additional order may be directed to the sheriff of any county […]
§ 1-440.14 – Notice of issuance of order of attachment when no personal service.
1-440.14. Notice of issuance of order of attachment when no personal service. (a) When service of process by publication is made subsequent to the original order of attachment, the published and mailed notice of service of process shall include notice of the issuance of the order of attachment. (b) When the original order of attachment […]
§ 1-440.15 – Method of execution.
1-440.15. Method of execution. (a) The sheriff to whom the order of attachment is directed shall note thereon the date of its delivery to him and shall promptly execute it by levying on the defendant’s property as follows: (1) The levy on real property shall be made as provided by G.S. 1-440.17; (2) The levy […]
§ 1-440.16 – Sheriff's return.
1-440.16. Sheriff’s return. (a) After the sheriff has executed an order of attachment, he shall promptly make a written return showing all property levied upon by him and the date of such levy. In such return, he shall describe the property levied upon in sufficient detail to identify the property clearly. The sheriff forthwith shall […]
§ 1-440.17 – Levy on real property.
1-440.17. Levy on real property. (a) In order to make a levy on real property, the sheriff need not go upon the land or take control over it, but he (1) Shall make an endorsement upon the order of attachment or shall attach thereto a statement showing that he thereby levies upon the defendant’s interest […]
§ 1-440.18 – Levy on tangible personal property in defendant's possession.
1-440.18. Levy on tangible personal property in defendant’s possession. The sheriff shall levy on tangible personal property in the possession of the defendant by seizing and taking into his possession so much thereof as will be sufficient to satisfy the plaintiff’s demands. (1947, c. 693, s. 1.)
§ 1-440.19 – Levy on stock in corporation.
1-440.19. Levy on stock in corporation. (a) The sheriff may levy, as on tangible property, on a share of stock in a corporation by seizing the certificate of stock (1) When the certificate is in the possession of the defendant, and (2) When, by the law of the state in which the corporation is incorporated, […]
§ 1-440.2 – Actions in which attachment may be had.
1-440.2. Actions in which attachment may be had. Attachment may be had in any action the purpose of which, in whole or in part, or in the alternative, is to secure a judgment for money, or in any action for alimony or for maintenance and support, or an action for the support of a minor […]
§ 1-440.20 – Levy on goods in warehouses.
1-440.20. Levy on goods in warehouses. (a) The sheriff may levy on goods delivered to a warehouseman for storage, by delivering copies of the garnishment process to the warehouseman, or to the proper officer or agent for the corporate warehouseman, as set out in G.S. 1-440.26, (1) If a negotiable warehouse receipt has not been […]
§ 1-440.21 – Nature of garnishment.
1-440.21. Nature of garnishment. (a) Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment (1) Tangible personal property belonging to the defendant but not in his possession, and (2) Any indebtedness to the defendant and any other intangible personal property belonging […]
§ 1-440.22 – Issuance of summons to garnishee.
1-440.22. Issuance of summons to garnishee. (a) A summons to garnishee may be issued (1) At the time of the issuance of the original order of attachment, by the court making such order, or (2) At any time thereafter prior to judgment in the principal action, by the court in which the action is pending. […]
§ 1-440.23 – Form of summons to garnishee.
1-440.23. Form of summons to garnishee. The summons to garnishee shall be substantially in the following form: State of North Carolina In the Superior Court __________County ____________________, Plaintiff, vs. ____________________, Summons to Garnishee Defendant, and ____________________, Garnishee. To____________, Garnishee: You are hereby summoned, as a garnishee of the defendant, ________, and required, within twenty days […]
§ 1-440.24 – Form of notice of levy in garnishment proceeding.
1-440.24. Form of notice of levy in garnishment proceeding. The notice of levy to be served on the garnishee shall be substantially in the following form: State of North Carolina In the Superior Court ________ County ________________, Plaintiff, vs. _______________, Notice to Levy Defendant, and ________________, Garnishee. To ______________ Garnishee: By virtue of the authority […]
§ 1-440.25 – Levy upon debt owed by, or property in possession of, the garnishee.
1-440.25. Levy upon debt owed by, or property in possession of, the garnishee. The levy in all cases of garnishment shall be made by delivering to the garnishee, or a process agent authorized by him or expressly or impliedly authorized by law, or some representative of a corporate garnishee designated by G.S. 1-440.26, a copy […]
§ 1-440.26 – To whom garnishment process may be delivered when garnishee is corporation.
1-440.26. To whom garnishment process may be delivered when garnishee is corporation. (a) When the garnishee is a domestic corporation, the copies of the process listed in G.S. 1-440.25 may be delivered to the president or other head, secretary, cashier, treasurer, director, managing agent or local agent of the corporation. (b) When the garnishee is […]