reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-406 - Commissioner of sale to account in sixty days.

§ 1-406. Commissioner of sale to account in sixty days.
In all actions or special proceedings when a person is appointed commissioner to sell real or personal property, he shall, within 60 days after the maturity of the note or bond for the balance of the purchase money of said property, or the payment of the amount of the bid when the sale is for cash, file with the clerk of the superior court a final account of his receipts and disbursements on account of the sale; and the clerk must audit the account and record it in the book in which the final settlements of executors and administrators are recorded. If any commissioner appointed in any action or special proceedings before the clerk fails, refuses or omits to file a final account as prescribed in this section, or renders an insufficient or unsatisfactory account, the clerk of the superior court shall forthwith order such commissioner to render a full and true account, as required by law, within 20 days after service of the order. Upon return of the order, duly served, if such commissioner shall fail to appear or refuse to exhibit such account, the clerk of the superior court may issue an attachment against said commissioner for a contempt and commit him till he exhibits such account, or files a bond for the amount held or unaccounted for as is prescribed by law for administrators, the premium for which is to be deducted from the commissioner's fee, earned by said commissioner in said action or special proceeding. (1901, c. 614, ss. 1, 2; Rev., s. 725; C.S., s. 765; 1933, c. 98.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-407 - Commissioner holding proceeds of land sold for reinvestment to give bond.

§ 1-407. Commissioner holding proceeds of land sold for reinvestment to give bond.
Whenever in any cause of special proceeding there is a sale of real estate for the purpose of a reinvestment of the money arising from such sale, and the proceeds of such sale are held by a commissioner or other officer designated by the court to receive such money for purposes of reinvestment, the commissioner or officer so receiving same shall execute a good and sufficient bond, to be approved by the court, in an amount at least equal to the corpus of the fund, and payable to the State of North Carolina for the protection of the fund and the parties interested therein, and conditioned that such custodian of the money shall faithfully comply with all the orders of the court made or to be thereafter made concerning the handling and reinvestment of said funds and for the faithful and final accounting of the same to the parties interested. (1919, c. 259; C.S., s. 766; 1935, c. 45; 1957, c. 80.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-407.1 - Bond required to protect interest of infant or incompetent.

§ 1-407.1. Bond required to protect interest of infant or incompetent.
In the case of any sale of real estate, the court may, in its discretion, require a good and sufficient bond to protect the interests of any infant or incompetent. (1957, c. 80.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-407.2 - When court may waive bond; premium paid from fund protected.

§ 1-407.2. When court may waive bond; premium paid from fund protected.
The court, in its discretion, may waive the requirement of such bond in those cases in which the court requires the funds or proceeds from such sale to be paid by the purchaser or purchasers directly to the court. The premium for any such bond shall be paid from the corpus of the fund intended to be thereby protected. (1957, c. 80.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-408 - Action in which clerk may allow fees of commissioners; fees taxed as costs.

§ 1-408. Action in which clerk may allow fees of commissioners; fees taxed as costs.
In a civil action or special proceeding commenced in the superior court in which a commissioner or commissioners are appointed under an order or judgment entered by the clerk of the superior court, the clerk may fix a reasonable fee for the services of the commissioner or commissioners performed under the order or judgment. The fee shall be taxed as part of the costs in the action or proceeding. Any aggrieved party has the right to appeal as provided in Article 27A of Chapter 1 of the General Statutes. (1923, c. 66; s. 1; C.S., s. 766(a); 1999-216, s. 4.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 33 - Special Proceedings. › § 1-408.1 - Clerk may order surveys in civil actions and special proceedings involving sale of land.

§ 1-408.1. Clerk may order surveys in civil actions and special proceedings involving sale of land.
In civil actions and special proceedings commenced in the superior court before the clerk where real property is to be sold to make assets to pay debts, or to be sold for division, or to be partitioned, the clerk may, if all parties to the action or proceedings will benefit by a survey, order a survey of the land involved, appoint a surveyor for this purpose, and fix a reasonable fee for the services of the surveyor. The fee and other costs of the survey shall be taxed as a part of the costs in the action or proceedings. Any aggrieved party has the right to appeal as provided in Article 27A of Chapter 1 of the General Statutes. (1955, c. 373; 1999-216, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-409 - Arrest only as herein prescribed.

§ 1-409. Arrest only as herein prescribed.
No person may be arrested in a civil action except as prescribed by this Article, but this provision shall not apply to proceedings for contempt. (C.C.P., s. 148; Code, s. 290; Rev., s. 726; C.S., s. 767.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-410 - In what cases arrest allowed.

§ 1-410. In what cases arrest allowed.
The defendant may be arrested, as hereinafter prescribed, in the following cases:
(1) In an action for the recovery of damages on a cause of action not arising out of contract where the action is for willful, wanton, or malicious injury to person or character or for willfully, wantonly or maliciously injuring, taking, detaining, or converting real or personal property.
(2) In an action for a fine or penalty, for seduction, for money received, for property embezzled or fraudulently misapplied by a public officer, attorney, solicitor, or officer or agent of a corporation or banking association in the course of his employment, or by any factor, agent, broker or other person in a fiduciary capacity, or for any misconduct or neglect in office, or in a professional employment.
(3) In an action to recover the possession of personal property, unjustly detained, where all or any part of the property has been concealed, removed, or disposed of, so that it cannot be found or taken by the sheriff and with the intent that it should not be so found or taken, or with the intent to deprive the plaintiff of the benefit thereof.
(4) When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
(5) When the defendant has removed, or disposed of his property, or is about to do so, with intent to defraud his creditors. The term "creditors" shall include, but not by way of limitation, a dependent spouse who claims alimony. The term "creditors" shall include, but not by way of limitation, a minor child entitled to an order for support. (1777, c. 118, s. 6, P.R.; R.C., c. 31, s. 54; C.C.P., s. 149; 1869-70, c. 79; Code, s. 291; 1891, c. 541; Rev., s. 737; C.S., s. 768; 1943, c. 543; 1961, c. 82; 1967, c. 1153, ss. 4, 6.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-411 - Order and affidavit.

§ 1-411. Order and affidavit.
An order for the arrest of the defendant must be obtained from the court in which the action is brought or a judge thereof, and may be made where it appears to the court or judge, by affidavit of the plaintiff or of any other person, that a sufficient cause of action exists and that the case is one of those provided for in this Article. (C.C.P., ss. 150, 151; Code, ss. 292, 293; Rev., ss. 728, 729; C.S., s. 769.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-412 - Undertaking before order.

§ 1-412. Undertaking before order.
Before making the order the court or judge shall require a written undertaking on the part of the plaintiff of at least one hundred dollars ($100.00), with sufficient surety, payable to the defendant, to the effect that if the defendant recovers judgment the plaintiff will pay all damages which he sustains by reason of the arrest, not exceeding the sum specified in the undertaking. (C.C.P., s. 152; 1868-9, c. 277, s. 7; Code, s. 294; Rev., s. 730; C.S., s. 770.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-413 - Issuance and form of order.

§ 1-413. Issuance and form of order.
The order may be made to accompany the summons, or to issue at any time afterwards, before judgment. It shall require the sheriff of the county where the defendant may be found forthwith to arrest him and hold him to bail in a specified sum, and to return the order at a place and time therein mentioned to the clerk of the court in which the action is brought. Notice of the return must be served on the plaintiff or his attorney as prescribed by law for the service of other notices. The order shall include a statement that if the person arrested is an indigent person he is entitled to services of counsel under G.S. 7A-451, that he may petition for preliminary release on the basis of his indigency, that if he does so he will have an opportunity within 72 hours to suggest to a judge his indigency for purposes of appointment of counsel and preliminary release, and that the judge will thereupon immediately appoint counsel for him if it is adjudged that he is unable to pay a lawyer. Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services. (C.C.P., s. 153; Code, s. 295; Rev., s. 731; C.S., s. 771; 1977, c. 649, s. 3; 2000-144, s. 15.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-414 - Copies of affidavit and order to defendant.

§ 1-414. Copies of affidavit and order to defendant.
The affidavit and order of arrest shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver him a copy thereof. (C.C.P., s. 154; Code, s. 296; Rev., s. 732; C.S., s. 772.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-415 - Execution of order.

§ 1-415. Execution of order.
The sheriff shall execute the order by arresting the defendant and keeping him in custody until discharged by law. The sheriff may call the power of the county to his aid in the execution of the arrest. (C.C.P., s. 155; Code, s. 297; Rev., s. 733; C.S., s. 773.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-416 - Vacation of order for failure to serve.

§ 1-416. Vacation of order for failure to serve.
The order of arrest is of no avail, and shall be vacated or set aside on motion, unless it is served upon the defendant, as provided by law, before the docketing of any judgment in the action. (C.C.P., s. 153; Code, s. 295; Rev., s. 734; C.S., s. 774.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-417 - Motion to vacate order; jury trial.

§ 1-417. Motion to vacate order; jury trial.
A defendant arrested may at any time before judgment apply on motion to vacate the order of arrest or to reduce the amount of bail. He may deny upon oath the facts alleged in the affidavit of the plaintiff on which the order of arrest was granted, and demand that the issue so raised by the plaintiff's affidavit and the defendant's denial be submitted to the jury and tried in the same manner as other issues. If the issues are found by the jury in favor of the defendant, judgment shall be rendered discharging him from arrest and vacating the order of arrest, and he shall recover of the plaintiff all costs of the proceeding in such arrest incurred by him in defending the action. (C.C.P., s. 174; Code, s. 316; 1889, c. 497; Rev., s. 735; C.S., s. 775.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-418 - Counter affidavits by plaintiff.

§ 1-418. Counter affidavits by plaintiff.
If the motion is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other proof, in addition to those on which the order of arrest was made. (C.C.P., s. 175; Code, s. 317; Rev., s. 736; C.S., s. 776.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-419 - How defendant discharged.

§ 1-419. How defendant discharged.
The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest, as provided in this article. (C.C.P., s. 156; Code, s. 298; Rev., s. 737; C.S., s. 777.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-420 - Defendant's undertaking.

§ 1-420. Defendant's undertaking.
The defendant may give bail by causing a written undertaking, payable to the plaintiff, to be executed by sufficient surety to the effect that the defendant shall at all times render himself amendable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or if he is arrested in an action to recover the possession of personal property unjustly claimed, an undertaking to the same effect as that provided by law to be given by defendant for the retention of property, under the Article entitled Claim and Delivery. (C.C.P., s. 157; Code, s. 299; Rev., s. 738; C.S., s. 778.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-421 - Defendant's undertaking delivered to clerk; exception.

§ 1-421. Defendant's undertaking delivered to clerk; exception.
Within the time limited for that purpose, the sheriff shall deliver the order of arrest to the clerk of the court in which the suit is brought, with his return endorsed, and a certified copy of the undertaking of the bail, and notify the plaintiff or his attorney thereof. The plaintiff, within 10 days thereafter, may serve upon the sheriff a notice that he does not accept the bail, or he is deemed to have accepted it and the sheriff is exonerated from the liability. (C.C.P., s. 162; Code, s. 304; Rev., s. 739; C.S., s. 779.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-422 - Notice of justification; new bail.

§ 1-422. Notice of justification; new bail.
On the receipt of notice of exception to the bail, the sheriff or defendant may, within 10 days thereafter, give to the plaintiff or his attorney notice of the justification of the same or other bondsmen (specifying the places of residence and occupation of the latter) before the court or judge, at a specified time and place; the time to be not less than five nor more than 10 days thereafter. In case other bondsmen are given, there must be a new bond, in the form hereinbefore prescribed. (C.C.P., s. 163; Code, s. 305; Rev., s. 741; C.S., s. 780; 1971, c. 268, s. 26.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-423 - Qualifications of bail.

§ 1-423. Qualifications of bail.
The qualifications of bail must be as follows:
(1) Each of them must be a resident and freeholder within the State
(2) They must each be worth the amount specified in the order of arrest, exclusive of property exempt from execution; but the judge, on justification, may allow more than two bail to justify severally in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail. (C.C.P., s. 164; Code, s. 306; Rev., s. 740; C.S., s. 781.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-424 - Justification of bail.

§ 1-424. Justification of bail.
For the purpose of justification, each of the bail shall attend before the court or judge, at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching his sufficiency, in such manner as the court, or judge, in his discretion, may think proper. The examination must be reduced to writing and subscribed by the bail, if required by the plaintiff. (C.C.P., s. 165; Code, s. 307; Rev., s. 742; C.S., s. 782; 1971, c. 268, s. 27.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-425 - Allowance of bail.

§ 1-425. Allowance of bail.
If the court or judge finds the bail sufficient, he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them to be filed with the clerk. The sheriff is then exonerated from liability. (C.C.P., s. 166; Code, s. 308; Rev., s. 743; C.S., s. 783; 1971, c. 268, s. 28.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-426 - Deposit in lieu of bail.

§ 1-426. Deposit in lieu of bail.
The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. The sheriff shall then give a certificate of the deposit to the defendant, who shall be discharged from custody. (C.C.P., s. 167; Code, s. 309; Rev., s. 744; C.S., s. 784.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-427 - Deposit paid into court; liability on sheriff's bond.

§ 1-427. Deposit paid into court; liability on sheriff's bond.
Within four days after the deposit the sheriff must pay it into court, and take from the officer receiving it two certificates of such payment, one of which he must deliver to the plaintiff, and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the sheriff, to collect the sum deposited, as in other cases of delinquency. (C.C.P., s. 168; Code, s. 310; Rev., s. 745; C.S., s. 785.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-428 - Bail substituted for deposit.

§ 1-428. Bail substituted for deposit.
If money is deposited, as provided in G.S. 1-426 and 1-427, bail may be given and justified upon notice according to law at any time before judgment. Thereupon the court or judge shall direct, in the order of allowance, that the money deposited be refunded by the sheriff or other officer to the defendant, and it shall be refunded accordingly. (C.C.P., s. 169; Code, s. 311; Rev., s. 746; C.S., s. 786; 1971, c. 268, s. 29.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-429 - Deposit applied to plaintiff's judgment.

§ 1-429. Deposit applied to plaintiff's judgment.
When money has been deposited, and remains on deposit at the time of an order or judgment for the payment of money to the plaintiff, the clerk or other officer shall, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the judgment shall refund any surplus to the defendant. If the judgment is in favor of the defendant the clerk or other officer shall refund to him the whole sum deposited and remaining unapplied. (C.C.P., s. 170; Code, s. 312; Rev., s. 747; C.S., s. 787.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-430 - Defendant in jail, sheriff may take bail.

§ 1-430. Defendant in jail, sheriff may take bail.
If a person for want of bail is lawfully committed to jail, at any time before final judgment, the sheriff, or other officer having him in custody, may take bail and discharge him; and the bail bond shall be regarded in every respect as other bail bonds, and shall be returned and sued on in like manner; and the officer taking it shall make special return thereof, with the bond, at the first court which is held after it is taken. (R.C., c. 11; s. 8; Code, s. 318; Rev., s. 748; C.S., s. 788.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-431 - When sheriff liable as bail.

§ 1-431. When sheriff liable as bail.
If, after arrest, the defendant escapes, or is rescued, or bail is not given or justified, or a deposit is not made instead thereof, the sheriff is himself liable as bail. But he may discharge himself from such liability by the giving and justification of bail at any time before process against the person of the defendant to enforce an order or judgment in the action. (C.C.P., s. 171; Code, s. 313; Rev., s. 749; C.S., s. 789.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-432 - Action on sheriff's bond.

§ 1-432. Action on sheriff's bond.
If a judgment is recovered against the sheriff, upon his liability as bail, and an execution thereon is returned wholly or partly unsatisfied, the same proceedings may be had on the official bond of the sheriff, to collect the deficiency, as in other cases of delinquency. (C.C.P., s. 172; Code, s. 314; Rev., s. 750; C.S., s. 790.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-433 - Bail exonerated.

§ 1-433. Bail exonerated.
At any time before final judgment against them, the bail may be exonerated, either by the death of the defendant or his imprisonment in a State prison, or by his legal discharge from the obligation to render himself amenable to the process, or by his surrender to the sheriff of the county where he was arrested, in execution of the judgment. (C.C.P., s. 161; Code, s. 303; Rev., s. 751; C.S., s. 791.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-434 - Surrender of defendant.

§ 1-434. Surrender of defendant.
At any time before final judgment against them, the bail may surrender the defendant in their exoneration, or he may surrender himself to the sheriff of the county where he was arrested, in the following manner:
(1) A certified copy of the undertaking of the bail shall be delivered to the sheriff, who shall detain the defendant in his custody thereon, as upon an order of arrest, and acknowledge the surrender by a certificate in writing.
(2) Upon the production of a copy of the undertaking and sheriff's certificate, the court or judge may, upon a notice to the plaintiff of ten days, with a copy of the certificate, order that the bail be exonerated, and on filing the order and papers used on said application they shall be exonerated accordingly. But this section does not apply to an arrest in an action to recover the possession of personal property unjustly detained, so as to discharge the bail from an undertaking given to the effect provided by law to be given by defendant for the retention of property, under the Article entitled Claim and Delivery. (C.C.P., s. 158; Code, s. 300; Rev., s. 752; C.S., s. 792.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-435 - Bail may arrest defendant.

§ 1-435. Bail may arrest defendant.
For the purpose of surrendering the defendant, the bail, at any time or place, before they are finally charged, may themselves arrest him, or by a written authority endorsed on a certified copy of the undertaking may empower any person over 21 years of age to do so. (C.C.P., s. 159; Code, s. 301; Rev., s. 753; C.S., s. 793.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 34 - Arrest and Bail. › § 1-436 - Proceedings against bail by motion.

§ 1-436. Proceedings against bail by motion.
In case of failure to comply with the undertaking the bail may be proceeded against by motion in the cause on 10 days' notice to them. (C.C.P., s. 160; Code, s. 302; Rev., s. 754; C.S., s. 794.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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, or
b. 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, or
b. Has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, property. (1947, c. 693, s. 1.)
2023 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.)
2023 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.)
2023 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.)
2023 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, or
b. 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.)
2023 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.)
2023 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.)
2023 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 that
a. If the order of attachment is dissolved, dismissed or set aside by the court, or
b. 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.)
2023 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, and
c. 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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, and
a. Such certificate has been surrendered to the corporation which issued it, or
b. 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.)
2023 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, and
a. Such receipt is seized, or
b. Such receipt is surrendered to the warehouseman who issued it, or
c. 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.)