1-440.27. Failure of garnishee to appear. (a) When a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a conditional judgment for the plaintiff against the garnishee for the full amount for which the plaintiff shall have prayed judgment against the defendant, together with […]
1-440.28. Admission by garnishee; setoff; lien. (a) When a garnishee admits in his answer that he is indebted to the defendant, or was indebted to the defendant at the time of service of garnishment process upon him or at some date subsequent thereto, the clerk of the court shall enter judgment against the garnishee for […]
1-440.29. Denial of claim by garnishee; issues of fact. (a) In addition to any other instances when issues of fact arise in a garnishment proceeding, issues of fact arise (1) When a garnishee files an answer such that the court cannot determine therefrom whether the garnishee intends to admit or deny that he is indebted […]
1-440.3. Grounds for attachment. In those actions in which attachment may be had under the provisions of G.S. 1-440.2, an order of attachment may be issued when the defendant is (1) A nonresident, or (2) A foreign corporation, or (3) A domestic corporation, whose president, vice-president, secretary or treasurer cannot be found in the State […]
1-440.30. Time of jury trial. All issues arising under G.S. 1-440.28 or G.S. 1-440.29 shall, when a jury trial is demanded by any party, be submitted to and determined by a jury at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an […]
1-440.31. Payment to defendant by garnishee. Any garnishee who shall pay to the defendant any debt owed the defendant or deliver to the defendant any property belonging to the defendant, after being served with garnishment process, and while the garnishment proceeding is pending, shall not thereby relieve himself of liability to the plaintiff. (1947, c. […]
1-440.32. Execution against garnishee. (a) Pursuant to a judgment against a garnishee, execution may be issued against such garnishee prior to judgment against the defendant in the principal action. The court may issue such execution without notice or hearing. All property seized pursuant to such execution shall be held subject to the order of the […]
1-440.33. When lien of attachment begins; priority of liens. (a) Upon securing the issuance of an order of attachment, a plaintiff may cause notice of the issuance of the order to be filed with the clerk of the court of any county in which the plaintiff believes that the defendant has real property which is […]
1-440.34. Effect of defendant’s death after levy. (a) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force (1) […]
1-440.35. Sheriff’s liability for care of attached property; expense of care. The sheriff is liable for the care and custody of personal property levied upon pursuant to an order of attachment just as if he had seized it under execution. Upon demand of the sheriff, the plaintiff shall advance to the sheriff from time to […]
1-440.36. Dissolution of the order of attachment. (a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move, either before the clerk or the judge, to dissolve the order of attachment. (b) When the defect alleged as grounds for the motion appears […]
1-440.37. Modification of the order of attachment. At any time before judgment in the principal action, the defendant may apply to the clerk or the judge for an order modifying the order of attachment. Such motion shall be heard upon affidavits. If the order is modified, the court making the order of modification shall make […]
1-440.38. Stay of order dissolving or modifying an order of attachment. Whenever a plaintiff appeals from an order dissolving or modifying an order of attachment, such order shall be stayed and the attachment lien with respect to all property theretofore attached shall remain in effect until the appeal is finally disposed of. In order to […]
1-440.39. Discharge of attachment upon giving bond. (a) Any defendant whose property has been attached may move, either before the clerk or the judge, to discharge the attachment upon his giving bond for the property attached. If no prior general appearance has been made by such defendant, such motion shall constitute a general appearance. (b) […]
1-440.4. Property subject to attachment. All of a defendant’s property within this State which is subject to levy under execution, or which in supplemental proceedings in aid of execution is subject to the satisfaction of a judgment for money, is subject to attachment under the conditions prescribed by this Article. (1947, c. 693, s. 1.)
1-440.40. Defendant’s objection to bond or surety. (a) At any time before judgment in the principal action, on motion of the defendant, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount of the bond previously given by or required of the plaintiff. […]
1-440.41. Defendant’s remedies not exclusive. The exercise by the defendant of any one or more rights provided by G.S. 1-440.36 through 1-440.40 does not bar the defendant from exercising any other rights provided by those sections. (1947, c. 693, s. 1.)
1-440.42. Plaintiff’s objection to bond or surety; failure to comply with order to furnish increased or new bond. (a) At any time before judgment in the principal action, on motion of the plaintiff, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount […]
1-440.43. Remedies of third person claiming attached property or interest therein. Any person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an interest in such property, whether such lien or interest is acquired prior to or subsequent to the attachment, may (1) […]
1-440.44. When attached property to be sold before judgment. (a) The sheriff shall apply to the clerk or to the judge for authority to sell property, or any share or interest therein, seized pursuant to an order of attachment, (1) If the property is perishable, or (2) If the property is not perishable, but a. […]
