United States — North Carolina
§ 1-440. 15. Method of execution.
1 provisions
The sheriff must note when an attachment order was delivered and promptly levy the defendant’s property under the listed rules.
Act or statute Open & Chat
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United States — North Carolina
§ 1-440. 16. Sheriff’s return.
1 provisions
The sheriff must make and deliver a written return about an attachment levy, and if there is garnishment or no levy within 10 days, include the required details and related process.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 17. Levy on real property.
1 provisions
For a levy on real property, the sheriff must endorse the attachment or attach a statement, describe the property clearly, and certify the levy to the county superior court clerk; the clerk must docket the levy after receiving the certificate.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 18. Levy on tangible personal property in defendant’s possession.
1 provisions
The sheriff must levy on the defendant’s tangible personal property and take enough of it to satisfy the plaintiff’s demand.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 19. Levy on stock in corporation.
1 provisions
The sheriff may levy on corporate stock in specified ways, and a clerk or judge may grant a restraining order or injunction against transfer of stock in proper attachment proceedings.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 2. Actions in which attachment may be had.
1 provisions
Attachment is allowed only in actions to obtain a money judgment, alimony, maintenance and support, or support for a minor child.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 20. Levy on goods in warehouses.
1 provisions
The sheriff may levy on goods stored with a warehouseman in specified situations, and a clerk or judge may grant a restraining order or injunction against transferring a negotiable warehouse receipt when proper.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 21. Nature of garnishment.
1 provisions
Garnishment is a proceeding tied to attachment, used to reach certain property or debts owed to the defendant.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 22. Issuance of summons to garnishee.
1 provisions
A court may issue a summons to garnishee at specified times, and it must issue the summons to each garnishee named by the plaintiff when requested.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 23. Form of summons to garnishee.
1 provisions
A summons to a garnishee must be substantially in the form set out in this section.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 24. Form of notice of levy in garnishment proceeding.
1 provisions
A notice of levy served on the garnishee must be substantially in the prescribed form.
Notice Open & ChatUnited States — North Carolina
§ 1-440. 25. Levy upon debt owed by, or property in possession of, the garnishee.
1 provisions
In garnishment cases, the levy must be made by delivering specified papers to the garnishee or an authorized process agent or representative.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 26. To whom garnishment process may be delivered when garnishee is corporation.
1 provisions
This section says who may receive garnishment process for a domestic or foreign corporate garnishee.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 27. Failure of garnishee to appear.
1 provisions
If a garnishee does not file a verified answer after being summoned, the clerk must enter a conditional judgment, send notice, and may make the judgment final if the garnishee does not respond or cannot be found.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 28. Admission by garnishee; setoff; lien.
1 provisions
This section tells the clerk or court when to enter judgment against a garnishee, and lets the garnishee claim setoff or a lien.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 29. Denial of claim by garnishee; issues of fact.
1 provisions
In a garnishment case, factual disputes arise in certain answer-and-reply situations, and the court must enter judgment against the garnishee for the smaller of the two specified amounts if the jury finds the garnishee owes the defendant money or holds the defendant’s property.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 3. Grounds for attachment.
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An order of attachment may be issued in certain actions when the defendant fits one of the listed categories.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 30. Time of jury trial.
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When a jury trial is demanded, related issues must be tried by the jury at the same time as the main case, unless the judge orders an earlier or separate trial for good cause.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 31. Payment to defendant by garnishee.
1 provisions
A garnishee who pays the defendant or delivers the defendant’s property after being served with garnishment process, while the garnishment case is pending, is not released from liability to the plaintiff.
Act or statute Open & ChatUnited States — North Carolina
§ 1-440. 32. Execution against garnishee.
1 provisions
A court may issue execution against a garnishee before judgment against the defendant, even without notice or hearing.
Act or statute Open & Chat