1-339.41. Definitions. (a) An execution sale is a sale of property by a sheriff or other officer made pursuant to an execution. (b) As used in this article, (1) "Sale" means an execution sale; (2) "Sheriff" means a sheriff or any officer authorized to hold an execution sale. (1949, c. 719, s. 1.)
1-339.42. Clerk’s authority to fix procedural details. The clerk of the superior court who issues an execution has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1.)
1-339.43. Days on which sale may be held. A sale may be held on any day except Sunday. (1949, c. 719, s. 1.)
1-339.44. Place of sale. (a) Every sale of real property shall be held at the courthouse door in the county where the property is situated unless the property consists of a single tract situated in two or more counties. (b) A sale of a single tract of real property situated in two or more counties […]
1-339.45. Presence of personal property at sale required. A sheriff holding a sale of personal property shall have the property present at the place of sale. (1949, c. 719, s. 1.)
1-339.46. Sale as a whole or in parts. When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the sheriff may sell such real or personal property as a whole or in designated parts, or may offer the property for sale by […]
1-339.47. Sale to be made for cash. Every sale shall be made for cash. (1949, c. 719, s. 1.)
1-339.48. Life of execution. If an execution is issued on a judgment, within the time provided by G.S. 1-306, and a sale, by authority of that execution, is commenced within the time provided by G.S. 1-310, the sale, including any resale, may be had and completed even though such sales, resales or other procedure are […]
1-339.49. Penalty for selling contrary to law. A sheriff or other officer who makes any sale contrary to the true intent and meaning of this Article shall forfeit two hundred dollars to any person suing for it, one half for his own use and the other half to the use of the county where the […]
1-339.50. Officer’s return of no sale for want of bidders; penalty. When a sheriff or other officer returns upon an execution that he has made no sale for want of bidders, he must state in his return the several places he has advertised and offered for sale the property levied on; and an officer failing […]
1-339.51. Contents of notice of sale. The notice of sale shall (1) Refer to the execution authorizing the sale; (2) Designate the date, hour and place of sale; (3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it, and may add such further description as will acquaint bidders with the […]
1-339.52. Posting and publishing notice of sale of real property. (a) The notice of sale of real property shall: (1) Be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the property is situated, for at least 20 days immediately preceding the sale; […]
1-339.53. Posting notice of sale of personal property. The notice of sale of personal property, except in the case of perishable property as specified in G.S. 1-339.56, shall be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the sale is to be […]
1-339.54. Notice to judgment debtor of sale of real property. In addition to complying with G.S. 1-339.52, relating to posting and publishing the notice of sale, the sheriff shall, at least ten days before the sale of real property, take the following action: (1) If the judgment debtor is found in the county, serve a […]
1-339.55. Notification of Governor and Attorney General. When the State is a stockholder in any corporation whose property is to be sold under execution, notice in writing shall be given by the sheriff by registered mail to the Governor and the Attorney General at least thirty days before the sale, stating the time and place […]
1-339.56. Exception; perishable property. If, in the opinion of the sheriff, any personal property levied on under execution is perishable because subject to rapid deterioration, he shall forthwith report such levy, together with a description of the property, to the clerk of the superior court, and request instructions as to the sale of such property. […]
1-339.57. Satisfaction of judgment before sale completed. If, prior to the time fixed for a sale, or prior to the expiration of the time allowed for submitting any upset bid, payment is made or tendered to the sheriff of the judgment and costs with respect to which the execution was issued, and the sheriff’s fees, […]
1-339.58. Postponement of sale. (a) The sheriff may postpone the sale to a day certain not later than six days, exclusive of Sunday, after the original date for the sale: (1) When there are no bidders, (2) When, in the sheriff’s judgment, the number of prospective bidders at the sale is substantially decreased by inclement […]
1-339.59. Procedure upon dissolution of order restraining or enjoining sale. (a) When, before the date fixed for a sale, a judge dissolves an order restraining or enjoining the sale, he may, if the required notice of sale has been given, provide by order that the sale shall be held without additional notice at the time […]
1-339.60. Time of sale. (a) A sale shall begin at the time designated in the notice of sale or as soon thereafter as practicable, but not later than one hour after the time fixed therefor unless it is delayed by other sales held at the same place. (b) No sale shall commence before 10:00 o’clock […]
