Browse 21,583 source-backed statutes, open stored provisions, and verify official source links.
21,583 statutes · page 21 of 1,080
United States — North Carolina
1 provisions
A plaintiff may file notice of an attachment order, and the clerk must promptly docket and index the notice or levy; the timing of docketing determines when attachment liens begin and their priority.
United States — North Carolina
1 provisions
If the defendant dies after an attachment levy, the levy can stay in force if the claim survives and service is completed on the defendant’s personal representative within three months after qualification.
United States — North Carolina
1 provisions
The sheriff must care for attached property, the plaintiff must advance needed care-and-custody expenses when demanded, and those expenses are added to the action’s costs.
United States — North Carolina
1 provisions
A defendant whose property has been attached may move to dissolve the attachment before judgment, and the clerk or judge must decide the motion based on the facts in the record or affidavits, with possible jury-trial procedures.
United States — North Carolina
1 provisions
The defendant may ask the clerk or judge to modify an attachment order before judgment, and the motion must be heard on affidavits.
United States — North Carolina
1 provisions
If a plaintiff appeals an order dissolving or modifying an attachment, that order is stayed and the attachment lien stays in effect until the appeal ends.
United States — North Carolina
1 provisions
A defendant whose property has been attached may ask to have the attachment discharged by filing a bond, and the court must order discharge once the bond is filed.
United States — North Carolina
1 provisions
Property of a defendant in this State that could be reached by execution or certain supplemental proceedings is subject to attachment under this Article’s conditions.
United States — North Carolina
1 provisions
Before judgment, the defendant may object to the plaintiff’s surety, and the clerk or judge may order the plaintiff’s bond increased if necessary.
United States — North Carolina
1 provisions
A defendant’s use of one right under G.S. 1-440.36 to 1-440.40 does not prevent the defendant from using other rights under those sections.
United States — North Carolina
1 provisions
Before judgment, the plaintiff may challenge a bond surety, and the clerk, judge, or court may require a larger or new bond and seize released property if an order is not followed.
United States — North Carolina
1 provisions
A non-defendant who claims attached property, or has a lien or interest in it, may ask the court to dissolve or modify the attachment, increase the bond, or intervene to obtain possession.
United States — North Carolina
1 provisions
The sheriff must ask the clerk or judge for authority to sell attached property if it is perishable or meets the listed risk conditions.
United States — North Carolina
1 provisions
If the defendant wins or the attachment is dissolved, dismissed, set aside, or service was not made properly, the defendant and garnishee get certain relief; the clerk or judge may issue orders to enforce it.
United States — North Carolina
1 provisions
If the plaintiff wins, the sheriff must use attached money and property to satisfy the judgment, following the order and conditions stated here.
United States — North Carolina
1 provisions
A clerk of court or authorized judge may issue an order of attachment. If a judge issues it, the judge must promptly ensure the required bond and affidavit are filed with the county clerk.
United States — North Carolina
1 provisions
This section was repealed and superseded.
United States — North Carolina
1 provisions
An order of attachment may be issued when the summons is issued or later, but not after judgment in the principal action in superior court.
United States — North Carolina
1 provisions
If an attachment is issued before summons service, service must be completed within set time limits, or the attachment may be dissolved.
United States — North Carolina
1 provisions
Bonds under this Article must be signed by the required party and either a licensed surety company or, if the court requires, individual sureties; each individual surety must also file an affidavit, and the court must approve the bond.