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Laws of North Carolina (Last Updated: May 12, 2015) |
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Chapter1. Civil Procedure. |
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SubchapterXIII. PROVISIONAL REMEDIES |
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Article35. Attachment |
| Part 1. General Provisions |
| § 1-440. Superseded by Session Laws 1947, c. 693, codified as § 1-440.1 et seq |
| § 1-440.1. Nature of attachment |
| § 1-440.2. Actions in which attachment may be had |
| § 1-440.3. Grounds for attachment |
| § 1-440.4. Property subject to attachment |
| § 1-440.5. By whom order issued; when and where; filing of bond and affidavit |
| § 1-440.6. Time of issuance with reference to summons or service by publication |
| § 1-440.7. Time within which service of summons or service by publication must be had |
| § 1-440.8. General provisions relative to bonds |
| § 1-440.9. Authority of court to fix procedural details |
| Part 2. Procedure to Secure Attachment |
| § 1-440.10. Bond for attachment |
| § 1-440.11. Affidavit for attachment; amendment |
| § 1-440.12. Order of attachment; form and contents |
| § 1-440.13. Additional orders of attachment at time of original order; alias and pluries orders |
| § 1-440.14. Notice of issuance of order of attachment when no personal service |
| Part 3. Execution of Order of Attachment; Garnishment |
| § 1-440.15. Method of execution |
| § 1-440.16. Sheriff's return |
| § 1-440.17. Levy on real property |
| § 1-440.18. Levy on tangible personal property in defendant's possession |
| § 1-440.19. Levy on stock in corporation |
| § 1-440.20. Levy on goods in warehouses |
| § 1-440.21. Nature of garnishment |
| § 1-440.22. Issuance of summons to garnishee |
| § 1-440.23. Form of summons to garnishee |
| § 1-440.24. Form of notice of levy in garnishment proceeding |
| § 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee |
| § 1-440.26. To whom garnishment process may be delivered when garnishee is corporation |
| § 1-440.27. Failure of garnishee to appear |
| § 1-440.28. Admission by garnishee; setoff; lien |
| § 1-440.29. Denial of claim by garnishee; issues of fact |
| § 1-440.30. Time of jury trial |
| § 1-440.31. Payment to defendant by garnishee |
| § 1-440.32. Execution against garnishee |
| Part 4. Relating to Attached Property |
| § 1-440.33. When lien of attachment begins; priority of liens |
| § 1-440.34. Effect of defendant's death after levy |
| § 1-440.35. Sheriff's liability for care of attached property; expense of care |
| Part 5. Miscellaneous Procedure Pending Final Judgment |
| § 1-440.36. Dissolution of the order of attachment |
| § 1-440.37. Modification of the order of attachment |
| § 1-440.38. Stay of order dissolving or modifying an order of attachment |
| § 1-440.39. Discharge of attachment upon giving bond |
| § 1-440.40. Defendant's objection to bond or surety |
| § 1-440.41. Defendant's remedies not exclusive |
| § 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond |
| § 1-440.43. Remedies of third person claiming attached property or interest therein |
| § 1-440.44. When attached property to be sold before judgment |
| Part 6. Procedure after Judgment |
| § 1-440.45. When defendant prevails in principal action |
| § 1-440.46. When plaintiff prevails in principal action |
| Part 7. Attachments in Justice of the Peace Courts |
| §§ 1-440.47 through 1-440.56. Repealed by Session Laws 1971, c. 268, s. 34 |
| Part 8. Attachment in Other Inferior Courts |
| § 1-440.57. Repealed by Session Laws 1971, c. 268, s. 34 |
| Part 9. Superseded Sections |
| §§ 1-441 through 1-471. Superseded by Session Laws 1947, c. 693, codified as §§ 1-440.1 through 1-440.57 |