reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-440.21 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.21 - Nature of garnishment.

 1-440.21. Nature of garnishment.(a) Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment(1) Tangible personal property belonging to the defendant but not in his possession, and(2) Any indebtedness to the defendant and any other intangible personal property belonging to him.(b) A garnishee is a person, firm, association, or corporation to which such a summons as specified by G.S. 1-440.23 is issued. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.22 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.22 - Issuance of summons to garnishee.

 1-440.22. Issuance of summons to garnishee.(a) A summons to garnishee may be issued(1) At the time of the issuance of the original order of attachment, by the court making such order, or(2) At any time thereafter prior to judgment in the principal action, by the court in which the action is pending.(b) At the request of the plaintiff, such summons to garnishee shall, at either such time, be issued to each person designated by the plaintiff as a garnishee. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.23 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.23 - Form of summons to garnishee.

 1-440.23. Form of summons to garnishee.The summons to garnishee shall be substantially in the following form:State of North Carolina  In the Superior Court  __________County  ____________________,  Plaintiff,vs.____________________,  Summons to Garnishee  Defendant,and____________________,  Garnishee.To____________, Garnishee:  You are hereby summoned, as a garnishee of the defendant, ________, and required, within twenty days after the service of this summons upon you, to file a verified answer in the Office of the Clerk of the Superior Court of the above named county, at________, North Carolina, showing -(1) Whether, at the time of the service of this summons upon you, or at any time since then until the date of your answer, you were indebted to the defendant or had any property of his in your possession and, if so, the amount and nature thereof; and(2) Whether, according to your knowledge, information or belief, any other person is indebted to the defendant or has any property of the defendant in his possession and, if so, the name of each such person.In case of your failure to file such answer a conditional judgment will be rendered against you for the full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as will be sufficient to cover the plaintiff's costs.This the ______day of________, _________________________________________  (Here designate Clerk Superior  Court or Judge.)   (1947, c. 693, s. 1; 1999-456, s. 59.)
NC Gen Stat § 1-440.24 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.24 - Form of notice of levy in garnishment proceeding.

 1-440.24. Form of notice of levy in garnishment proceeding.The notice of levy to be served on the garnishee shall be substantially in the following form: State of North Carolina  In the Superior Court  ________ County  ________________,   Plaintiff,   vs.  _______________, Notice to Levy   Defendant,   and  ________________,   Garnishee.    To ______________ Garnishee:  By virtue of the authority contained in an order of attachment issued by the Superior Court of ______ County and directed to me, I hereby levy upon any and all property that you have or hold in your possession for the account, use, or benefit of the defendant, and upon all debts owed by you to the defendant.You are notified that a lien is hereby created on all the tangible property of the defendant in your possession, and that if you surrender the possession of, or transfer to anyone, any property belonging to the defendant, or if you pay any debt you owe the defendant, unless the same is delivered or paid to me or to the court for such proper disposition as the court may determine, you will be subject to punishment as for contempt, and that judgment may be rendered against you for the value of such property not exceeding the full amount of plaintiff's claim and costs of the action.This the ____ day of _____, ___ ___________________________  Sheriff of ________ County.   (1947, c. 693, s. 1; 1999-456, s. 59.)
NC Gen Stat § 1-440.25 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.25 - Levy upon debt owed by, or property in possession of, the garnishee.

 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee.The levy in all cases of garnishment shall be made by delivering to the garnishee, or a process agent authorized by him or expressly or impliedly authorized by law, or some representative of a corporate garnishee designated by G.S. 1-440.26, a copy of each of the following:(1) The order of attachment,(2) The summons to garnishee, and(3) The notice of levy. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.26 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.26 - To whom garnishment process may be delivered when garnishee is corporation.

 1-440.26. To whom garnishment process may be delivered when garnishee is corporation.(a) When the garnishee is a domestic corporation, the copies of the process listed in G.S. 1-440.25 may be delivered to the president or other head, secretary, cashier, treasurer, director, managing agent or local agent of the corporation.(b) When the garnishee is a foreign corporation, the copies of the process listed in G.S. 1-440.25 may be delivered only to the president, treasurer or secretary thereof personally and while such officer is within the State, except that(1) If the corporation has property within this State, or(2) If the cause of action arose in this State, or(3) If the plaintiff resides in this State,the copies of the process may be delivered to any of the persons designated in subsection (a) of this section.  (c) A person receiving or collecting money within this State on behalf of a corporation is deemed to be a local agent of the corporation for the purpose of this section. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.27 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.27 - Failure of garnishee to appear.

 1-440.27. Failure of garnishee to appear.(a) When a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a conditional judgment for the plaintiff against the garnishee for the full amount for which the plaintiff shall have prayed judgment against the defendant, together with such amount as in the opinion of the clerk will be sufficient to cover the plaintiff's costs.(b) The clerk shall thereupon issue a notice to the garnishee requiring him to appear not later than 10 days after the date of service of the notice, and show cause why the conditional judgment shall not be made final. If, after service of such notice, the garnishee fails to appear within the time named and file a verified answer to the summons to the garnishee, or if such notice cannot be served upon the garnishee because he cannot be found within the county where the original summons to such garnishee was served, then in either such event, the clerk shall make the conditional judgment final. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.29 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.29 - Denial of claim by garnishee; issues of fact.

 1-440.29. Denial of claim by garnishee; issues of fact.(a) In addition to any other instances when issues of fact arise in a garnishment proceeding, issues of fact arise(1) When a garnishee files an answer such that the court cannot determine therefrom whether the garnishee intends to admit or deny that he is indebted to, or has in his possession any property of, the defendant, or(2) When a garnishee files an answer denying that he is indebted to, or has in his possession any property of, the defendant, or was indebted to, or had in his possession any property of, the defendant at the time of the service of the summons upon him or at any time since then, and the plaintiff, within 20 days thereafter, files a reply alleging the contrary.(b) When a jury finds that the garnishee owes the defendant a specific sum of money or has in his possession property of the defendant of a specific value, or owed the defendant a specific sum of money or had in his possession property of the defendant of a specific value at the time of the service of the summons upon him or at any time since then, the court shall enter judgment against the garnishee for the smaller of the two following amounts:(1) The amount specified in the jury's verdict, or(2) The full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as in the opinion of the clerk will be sufficient to cover the plaintiff's costs. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.30 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.30 - Time of jury trial.

 1-440.30. Time of jury trial.All issues arising under G.S. 1-440.28 or G.S. 1-440.29 shall, when a jury trial is demanded by any party, be submitted to and determined by a jury at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.31 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.31 - Payment to defendant by garnishee.

 1-440.31. Payment to defendant by garnishee.Any garnishee who shall pay to the defendant any debt owed the defendant or deliver to the defendant any property belonging to the defendant, after being served with garnishment process, and while the garnishment proceeding is pending, shall not thereby relieve himself of liability to the plaintiff. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.32 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.32 - Execution against garnishee.

 1-440.32. Execution against garnishee.(a) Pursuant to a judgment against a garnishee, execution may be issued against such garnishee prior to judgment against the defendant in the principal action. The court may issue such execution without notice or hearing. All property seized pursuant to such execution shall be held subject to the order of the court pending judgment in the principal action.(b) The court, pending judgment in the principal action, may permit the property to remain in the garnishee's possession upon the garnishee's giving a bond in the same manner and on the same conditions as is provided by G.S. 1-440.39 with respect to the discharge of an attachment by the defendant. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.33 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.33 - When lien of attachment begins; priority of liens.

 1-440.33. When lien of attachment begins; priority of liens.(a) Upon securing the issuance of an order of attachment, a plaintiff may cause notice of the issuance of the order to be filed with the clerk of the court of any county in which the plaintiff believes that the defendant has real property which is subject to levy pursuant to such order of attachment. Upon receipt of such notice the clerk shall promptly docket the same on the lis pendens docket.(b) When the clerk receives from the sheriff a certificate of levy on real property as provided by G.S. 1-440.17, the clerk shall promptly note the levy on his judgment docket and index the same. When the levy is thus docketed and indexed,(1) The lien attaches and relates back to the time of the filing of the notice of lis pendens if the plaintiff has prior to the levy caused notice of the issuance of the order of attachment to be properly entered on the lis pendens docket of the county in which the land lies, as provided by subsection (a) of this section.(2) The lien attaches only from the time of the docketing of the certificate of levy if no entry of the issuance of the order of attachment has been made prior to the levy on the lis pendens docket of the county in which the land lies.(c) A levy on tangible personal property of the defendant in the hands of the garnishee, when made in the manner provided by G.S. 1-440.25, creates a lien on the property thus levied on from the time of such levy.(d) If more than one order of attachment is served with respect to property in possession of the defendant or is served upon a garnishee, the priority of the order of the liens is the same as the order in which the attachments were levied, subject to the provisions of subsection (b) of this section, relating to the time when a lien of attachment begins with respect to real property.(e) If two or more orders of attachment are served simultaneously, liens attach simultaneously, subject to the provisions of subsection (b) of this section, relating to the time when a lien of attachment begins with respect to real property.(f) If the funds derived from the attachment of property on which liens become effective simultaneously are insufficient to pay the judgments in full of the simultaneously attaching creditors who have liens which begin simultaneously, such funds are prorated among such creditors according to the amount of the indebtedness of the defendant to each of them, respectively, as established upon the trial.(g) If more than one order of attachment is served on a garnishee, the court from which the first order of attachment was issued shall, upon motion of the garnishee or of any of the attaching creditors, make parties to the action all of the attaching creditors, who are not already parties thereto in order that any questions of priority among the attaching creditors may be determined in that action and in that court. (1947, c. 693, 1.)
NC Gen Stat § 1-440.34 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.34 - Effect of defendant's death after levy.

 1-440.34. Effect of defendant's death after levy.(a) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force(1) If the cause of action set forth by the plaintiff in the principal action is one which survives, and(2) If service is completed on the personal representative of the defendant within three months from the date of his qualification.(b) If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant's personal representative in the regular course of administration. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.35 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.35 - Sheriff's liability for care of attached property; expense of care.

 1-440.35. Sheriff's liability for care of attached property; expense of care.The sheriff is liable for the care and custody of personal property levied upon pursuant to an order of attachment just as if he had seized it under execution. Upon demand of the sheriff, the plaintiff shall advance to the sheriff from time to time such amount as may be required to provide the necessary care and to maintain the custody of the attached property. The expense so incurred in caring for and maintaining custody of attached property shall be taxed as part of the costs of the action. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.36 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.36 - Dissolution of the order of attachment.

 1-440.36. Dissolution of the order of attachment.(a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move, either before the clerk or the judge, to dissolve the order of attachment.(b) When the defect alleged as grounds for the motion appears upon the face of the record, no issues of fact arise, and the motion is heard and determined upon the record.(c) When the defect alleged does not appear upon the face of the record, the motion is heard and determined upon the affidavits filed by the plaintiff and the defendant, unless, prior to the actual commencement of the hearing, a jury trial is demanded in writing by the plaintiff or the defendant. Either the clerk or the judge hearing and determining the motion to dissolve the order of attachment shall find the facts upon which his ruling thereon is based. If a jury trial is demanded by either party, the issues involved shall be submitted and determined at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.37 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.37 - Modification of the order of attachment.

 1-440.37. Modification of the order of attachment.At any time before judgment in the principal action, the defendant may apply to the clerk or the judge for an order modifying the order of attachment. Such motion shall be heard upon affidavits. If the order is modified, the court making the order of modification shall make such provisions with respect to bonds and other incidental matters as may be necessary to protect the rights of the parties. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.38 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.38 - Stay of order dissolving or modifying an order of attachment.

 1-440.38. Stay of order dissolving or modifying an order of attachment.Whenever a plaintiff appeals from an order dissolving or modifying an order of attachment, such order shall be stayed and the attachment lien with respect to all property theretofore attached shall remain in effect until the appeal is finally disposed of. In order to protect the defendant in the event that an order dissolving or modifying an order of attachment is affirmed on appeal, the court from whose order the appeal is taken may, in its discretion, require the plaintiff to execute and deposit with the clerk an additional bond with sufficient surety and in an amount deemed adequate by the court to indemnify the defendant against all losses which he may suffer on account of the continuation of the lien of the attachment pending the determination of the appeal. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.39 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.39 - Discharge of attachment upon giving bond.

 1-440.39. Discharge of attachment upon giving bond.(a) Any defendant whose property has been attached may move, either before the clerk or the judge, to discharge the attachment upon his giving bond for the property attached. If no prior general appearance has been made by such defendant, such motion shall constitute a general appearance.(b) The court hearing such motion shall make an order discharging such attachment upon such defendant's filing a bond as follows:(1) If it is made to appear to the satisfaction of the court by affidavit that the property attached is of a greater value than the amount claimed by the plaintiff, the court shall require a bond in double the amount of the judgment prayed for by the plaintiff, and the condition of such bond shall be that if judgment is rendered against the defendant, the defendant will pay to the plaintiff the amount of the judgment and all costs that the defendant may be ordered to pay, the surety's liability, however, to be limited to the amount of the bond.(2) If it is made to appear to the satisfaction of the court by affidavit that the property attached is of less value than the amount claimed by the plaintiff, the court shall, upon affidavits filed, determine the value thereof and shall require a bond in double the amount of such value, and the condition of the bond shall be that if judgment is rendered against the defendant, the defendant will pay to the plaintiff an amount equal to the value of such property.(c) If a bond is filed as provided in subsection (b) of this section, all property of such defendant then remaining in the possession of the sheriff pursuant to such attachment, including, but not by way of limitation, money collected and the proceeds of sales, shall be delivered to the defendant and shall thereafter be free from the attachment.(d) The discharge of an attachment as provided by this section does not bar the defendant from exercising any right provided by G.S. 1-440.36, 1-440.37 or 1-440.40. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.40 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.40 - Defendant's objection to bond or surety.

 1-440.40. Defendant's objection to bond or surety.(a) At any time before judgment in the principal action, on motion of the defendant, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount of the bond previously given by or required of the plaintiff.(b) At any time before judgment in the principal action the defendant may except to any surety upon any bond given by the plaintiff pursuant to the provisions of this Article, in which case the surety shall be required to justify, and the procedure with respect thereto shall be as is prescribed for the justification of bail in arrest and bail proceedings. (1947, c. 693, s. 1.)
NC Gen Stat § 1-440.41 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 35 - Attachment.|§ 1-440.41 - Defendant's remedies not exclusive.

 1-440.41. Defendant's remedies not exclusive.The exercise by the defendant of any one or more rights provided by G.S. 1-440.36 through 1-440.40 does not bar the defendant from exercising any other rights provided by those sections. (1947, c. 693, s. 1.)