reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-437 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 34 - Arrest and Bail.|§ 1-437 - Liability of bail to sheriff.

 1-437. Liability of bail to sheriff.The bail taken upon the arrest are, unless they justify, or other bail are given or justified, liable to the sheriff by action for damages which he may sustain by reason of such omission. (C.C.P., s. 173; Code, s. 315; Rev., s. 755; C.S., s. 795.)
NC Gen Stat § 1-438 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 34 - Arrest and Bail.|§ 1-438 - When bail to pay costs.

 1-438. When bail to pay costs.When a notice issues against a person, as the bail of another, and the bail, at or before the term of the court at which he is bound to appear, or ought to plead, is not discharged from his liability by the death or surrender of his principal or otherwise, he is liable for all costs which accrue on said notice, notwithstanding he may be afterwards discharged, by the death or surrender of the principal, or otherwise. (R.C., c. 11, s. 10; Code, s. 319; Rev., s. 756; C.S., s. 796.)
NC Gen Stat § 1-439 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 34 - Arrest and Bail.|§ 1-439 - Bail not discharged by amendment.

 1-439. Bail not discharged by amendment.No amendment of process or pleading discharges the bail of the party arrested thereon, unless it enlarges the sum demanded beyond the sum expressed in the bail bond. (R.C., c. 11, s. 11; Code, s. 320; Rev., s. 757; C.S., s. 797.)
NC Gen Stat § 1-440 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440 - Superseded by Session Laws 1947, c. 693, codified as § 1- 440.1 et seq.

 1-440. Superseded by Session Laws 1947, c. 693, codified as 1-440.1 et seq.
NC Gen Stat § 1-440.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.1 - Nature of attachment.

 1-440.1. Nature of attachment.(a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring property of a defendant within the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment for money which may be rendered against the defendant in the principal action.(b) No personal judgment, even for costs, may be rendered against a defendant unless personal jurisdiction has been acquired as provided in G.S. 1-75.3.(c) Although there is no personal service on the defendant, or on an agent for him, and although he does not make a general appearance, judgment may be rendered in an action in which property of the defendant has been attached which judgment shall provide for the application of the attached property, by the method set out in G.S. 1-440.46, to the satisfaction of the plaintiff's claim as established in the principal action. If plaintiff's claim is not thereby satisfied in full, subsequent actions for the unsatisfied balance are not barred. (1947, c. 693, s. 1; 1967, c. 954, s. 3.)
NC Gen Stat § 1-440.2 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.2 - Actions in which attachment may be had.

 1-440.2. Actions in which attachment may be had.Attachment may be had in any action the purpose of which, in whole or in part, or in the alternative, is to secure a judgment for money, or in any action for alimony or for maintenance and support, or an action for the support of a minor child, but not in any other action. (1947, c. 693, s. 1; 1967, c. 1152, s. 4; c. 1153, s. 3.)
NC Gen Stat § 1-440.3 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.3 - Grounds for attachment.

 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 after due diligence, or(4) A resident of the State who, with intent to defraud his creditors or to avoid service of summons,a. Has departed, or is about to depart, from the State, orb. Keeps himself concealed therein, or(5) A person or domestic corporation which, with intent to defraud his or its creditors,a. Has removed, or is about to remove, property from this State, orb. Has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, property. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.4 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.4 - Property subject to attachment.

 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.)
NC Gen Stat § 1-440.5 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.5 - By whom order issued; when and where; filing of bond and affidavit.

 1-440.5. By whom order issued; when and where; filing of bond and affidavit.(a) An order of attachment may be issued by(1) The clerk of the court in which the action has been, or is being, commenced, or by(2) A judge of the appropriate trial division, as authorized in subsection (b) of this section.(b) An order of attachment issued by a judge may be issued as follows:(1) If the action has been or is being commenced in the Superior Court Division, a resident superior court judge of the district, or a judge regularly holding the superior courts of the district, may issue the order in open court or in chambers, in session or in vacation, and within or without the district. Any other judge holding a session of superior court in the county may issue the order in open court.(2) If the action has been or is being commenced in the District Court Division, the presiding judge, the chief district judge, or any district judge authorized by the chief to hear motions and enter interlocutory orders may issue the order in open court or in chambers in session or in vacation.(c) In those cases where the order of attachment is issued by the judge, such judge shall cause the bond required by G.S. 1-440.10 and the affidavit required by G.S. 1-440.11 to be filed promptly with the clerk of the court of the county in which the action is pending. (1947, c. 693, s. 1; 1971, c. 268, s. 30.)
NC Gen Stat § 1-440.6 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.6 - Time of issuance with reference to summons or service by publication.

 1-440.6. Time of issuance with reference to summons or service by publication.(a) The order of attachment may be issued at the time the summons is issued or at any time thereafter.(b) No order of attachment may be issued in any action after judgment in the principal action is had in the superior court. (1947, c. 693, s. 1; 1967, c. 954, s. 3.)
NC Gen Stat § 1-440.7 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.7 - Time within which service of summons or service by publication must be had.

 1-440.7. Time within which service of summons or service by publication must be had.(a) When an order of attachment is issued before the summons is served.(1) If personal service within the State is to be had, such personal service must be had within 30 days after the issuance of the order of attachment;(2) If such personal service within the State is not to be had,a. Service of the summons outside the State, in the manner provided by Rule 4(j)(9)a or b of the Rules of Civil Procedure, must be had within 30 days after the issuance of the order of attachment, orb. Service by publication must be commenced not later than the thirty-first day after the issuance of the order of attachment. If publication is commenced, such publication must be completed as provided by Rule 4(j)(9)c of the Rules of Civil Procedure unless the defendant appears in the action or unless personal service is had on him within the State.(b) Upon failure of compliance with the applicable provisions of subsection (a) of this section, either the clerk or the judge shall, upon the motion of the defendant or any other interested party, make an order dissolving the attachment, and the defendant shall have all the rights that would accrue to him under the provisions of G.S. 1-440.45, the same as if the principal action had been prosecuted to judgment and the defendant had prevailed therein. (1947, c. 693, s. 1; 1967, c. 954, s. 3; 1971, c. 1093, ss. 14, 15.)
NC Gen Stat § 1-440.8 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.8 - General provisions relative to bonds.

 1-440.8. General provisions relative to bonds.(a) Any bond given pursuant to the provisions of this Article shall be executed by the party required to furnish the bond and by(1) A surety company authorized to do business in this State, as provided by G.S. 58-73-5, or by(2) One or more individual sureties, as may be required by the court.(b) Each individual surety shall execute an affidavit, to be attached to the bond, stating that he is a resident of the State and that he is worth the amount specified in the bond exclusive of property exempt from execution and over and above all his liabilities.(c) Any bond given pursuant to any provisions of this Article shall be subject to the approval of the court.(d) It is not a defense in an action on any bond given pursuant to this Article that(1) The court had no jurisdiction to require or accept bond, or(2) The order of attachment was improperly granted, or(3) There was any other irregularity in the attachment proceeding. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.9 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.9 - Authority of court to fix procedural details.

 1-440.9. Authority of court to fix procedural details.The court of proper jurisdiction, before which any matter is pending under the provisions of this Article, shall have authority to fix and determine all necessary procedural details in all instances in which the statute fails to make definite provision as to such procedure. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.10 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.10 - Bond for attachment.

 1-440.10. Bond for attachment.Before the court issues an order of attachment, the plaintiff must furnish a bond as follows:(1) The amount of the bond shall be such as may be fixed by the court issuing the order of attachment and shall be such as may be deemed necessary by the court in order to afford reasonable protection to the defendant, but shall not be less than two hundred dollars ($200.00);(2) The condition of the bond shall be thata. If the order of attachment is dissolved, dismissed or set aside by the court, orb. If the plaintiff fails to obtain judgment against the defendant, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, the surety's liability, however, to be limited to the amount of the bond. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.11 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.11 - Affidavit for attachment; amendment.

 1-440.11. Affidavit for attachment; amendment.(a) To secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit(1) In every case:a. The plaintiff has commenced or is about to commence an action, the purpose of which, in whole or in part, or in the alternative, is to secure a judgment for money, and the amount thereof,b. The nature of such action, andc. The ground or grounds for attachment (one or more of those stated in G.S. 1-440.3); and(2) In those cases described below, the additional facts indicated:a. If the action is based on breach of contract, that the plaintiff is entitled to recover the amount for which judgment is sought over and above all counterclaims known to him;b. If it is alleged as a ground for attachment that the defendant has done, or is about to do, any act with intent to defraud his creditors, the facts and circumstances supporting such allegation.(b) A verified complaint may be used as the affidavit required by this section.(c) The court, in its discretion, at any time before judgment in the principal action, may allow any such affidavit to be amended even though the original affidavit is wholly insufficient.(d) An amendment of an insufficient affidavit of attachment relates to the beginning of the attachment proceeding, and no rights based on such irregularity can be required by any third party by any subsequent attachment intervening between the original affidavit and the amendment. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.12 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.12 - Order of attachment; form and contents.

 1-440.12. Order of attachment; form and contents.(a) If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S. 1-440.10 is furnished, the court shall issue an order of attachment which shall(1) Show the venue, the court in which the action has been, or is being, commenced, and the title of the action;(2) Run in the name of the State and be directed to the sheriff of a designated county;(3) State that an affidavit for the attachment of the defendant's property has been filed with the court in the action, that the required attachment bond has been executed and delivered to the court and that it has been made to appear to the satisfaction of the court that the allegations of the plaintiff's affidavit for attachment are true;(4) Direct the sheriff to attach and safely keep all of the property of the defendant within the sheriff's county which is subject to attachment, or so much thereof as is sufficient to satisfy the plaintiff's demand, together with costs and expenses;(5) Direct that the order of attachment be returned to the clerk of the court in which the action is pending;(6) Show the date of issuance; and(7) Be signed by clerk or the judge issuing the order.(b) The order of attachment shall not contain a return date, but shall be returned to the clerk as provided by G.S. 1-440.16. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.13 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.13 - Additional orders of attachment at time of original order; alias and pluries orders.

 1-440.13. Additional orders of attachment at time of original order; alias and pluries orders.(a) At the time the original order of attachment is issued, or thereafter, one or more additional orders, at the request of the plaintiff, may be issued, and any such additional order may be directed to the sheriff of any county in which the defendant may have property.(b) After the original order or orders have been returned, if no property or, in the opinion of the plaintiff, insufficient property has been attached thereunder, alias or pluries orders may be issued prior to judgment, at the request of the plaintiff, and such alias or pluries orders may be directed to the sheriff of any county in which the defendant may have property. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.14 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.14 - Notice of issuance of order of attachment when no personal service.

 1-440.14. Notice of issuance of order of attachment when no personal service.(a) When service of process by publication is made subsequent to the original order of attachment, the published and mailed notice of service of process shall include notice of the issuance of the order of attachment.(b) When the original order of attachment is issued after publication is begun, a notice of the issuance of the order of attachment shall be published once a week for four successive weeks in some newspaper published in the county in which the action is pending, such publication to be commenced within 30 days after the issuance of the order of attachment. Such notice shall show(1) The county and the court in which the action is pending,(2) The names of the parties,(3) The purpose of the action, and(4) The fact that on a date specified an order was issued to attach the defendant's property.(c) If no newspaper is published in the county in which the action is pending, the notice(1) Shall be published once a week for four successive weeks in some newspaper published in the same district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, or(2) Shall be posted at the courthouse door in the county for 30 days. (1947, c. 693, s. 1; 1967, c. 954, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 40.)
NC Gen Stat § 1-440.15 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.15 - Method of execution.

 1-440.15. Method of execution.(a) The sheriff to whom the order of attachment is directed shall note thereon the date of its delivery to him and shall promptly execute it by levying on the defendant's property as follows:(1) The levy on real property shall be made as provided by G.S. 1-440.17;(2) The levy on stock in a corporation shall be made as provided by G.S. 1-440.19;(3) The levy on goods stored in a warehouse shall be made as provided by G.S. 1-440.20;(4) The levy on tangible personal property in the possession of the defendant shall, except as provided in G.S. 1-440.19, be made as provided by G.S. 1-440.18;(5) The levy on tangible personal property belonging to the defendant but not in his possession, or on any indebtedness to the defendant, or on any other intangible personal property belonging to the defendant, shall, except as provided by G.S. 1-440.19 and 1-440.20, be made as provided by G.S. 1-440.25 relating to garnishment.(b) The sheriff is not required to levy upon personal property before levying upon real property.(c) In order for the sheriff to make any levy, it is not necessary for him to deliver to the defendant or any other person any copy of the order of attachment or any other process except in the case of garnishment as provided by G.S. 1-440.25. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.16 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.16 - Sheriff's return.

 1-440.16. Sheriff's return.(a) After the sheriff has executed an order of attachment, he shall promptly make a written return showing all property levied upon by him and the date of such levy. In such return, he shall describe the property levied upon in sufficient detail to identify the property clearly. The sheriff forthwith shall deliver the order of attachment, together with his return, to the court in which the action is pending.(b) If garnishment process is issued, as provided by G.S. 1-440.23 and 1-440.24, the sheriff shall include in his return a report of his proceedings with respect to such garnishment and shall return to the court the original process issued to the garnishee.(c) If the sheriff makes no levy within 10 days after the issuance of the order of attachment, he forthwith shall deliver to the court, in which the action is pending, the order, and any other process relating thereto, together with his return showing that no levy has been made and the reason therefor. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.17 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.17 - Levy on real property.

 1-440.17. Levy on real property.(a) In order to make a levy on real property, the sheriff need not go upon the land or take control over it, but he(1) Shall make an endorsement upon the order of attachment or shall attach thereto a statement showing that he thereby levies upon the defendant's interest in the real property described in such endorsement or statement, describing the real property in sufficient detail to identify it clearly, and(2) Shall, as promptly as practicable, certify such levy, and the names of the parties to the action, to the clerk of the superior court of the county in which the land lies.(b) Upon receipt of the sheriff's certificate, the clerk shall docket the levy, as provided by G.S. 1-440.33. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.18 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.18 - Levy on tangible personal property in defendant's possession.

 1-440.18. Levy on tangible personal property in defendant's possession.The sheriff shall levy on tangible personal property in the possession of the defendant by seizing and taking into his possession so much thereof as will be sufficient to satisfy the plaintiff's demands. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.19 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.19 - Levy on stock in corporation.

 1-440.19. Levy on stock in corporation.(a) The sheriff may levy, as on tangible property, on a share of stock in a corporation by seizing the certificate of stock(1) When the certificate is in the possession of the defendant, and(2) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of stock, as is provided by the Uniform Stock Transfer Act or similar legislation.(b) The sheriff may levy on a share of stock in a corporation by delivery of copies of the garnishment process to the proper officer or agent of such corporation, as set out in G.S. 1-440.26,(1) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is not embodied in the certificate of stock, or(2) When, by the law of the state in which the corporation is incorporated, the property interest of the stockholder is embodied in the certificate of the stock, as is provided by the Uniform Stock Transfer Act or similar legislation, anda. Such certificate has been surrendered to the corporation which issued it, orb. The transfer of such certificate by the holder thereof has been restrained or enjoined.(c) A restraining order or injunction against the transfer of a certificate of stock, when proper in an attachment proceeding, may be granted by the clerk or judge pursuant to a motion in the cause to which the attachment is ancillary. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.20 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.20 - Levy on goods in warehouses.

 1-440.20. Levy on goods in warehouses.(a) The sheriff may levy on goods delivered to a warehouseman for storage, by delivering copies of the garnishment process to the warehouseman, or to the proper officer or agent for the corporate warehouseman, as set out in G.S. 1-440.26,(1) If a negotiable warehouse receipt has not been issued with respect thereto, or(2) If a negotiable warehouse receipt has been issued with respect thereto, anda. Such receipt is seized, orb. Such receipt is surrendered to the warehouseman who issued it, orc. The transfer of such receipt by the holder thereof is restrained or enjoined.(b) A restraining order or injunction against the transfer of a negotiable warehouse receipt, when proper in an attachment proceeding, may be granted by the clerk or judge pursuant to a motion in the cause to which the attachment is ancillary. (1947, c. 693, s. 1.)