reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-307 - Issued from and returned to court of rendition.

§ 1-307. Issued from and returned to court of rendition.
Executions and other process for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the execution or other final process was rendered; and the returns of executions or other final process shall be made to the court of the county from which it issued. In all cases prior to the first day of March, 1945, where a judgment has been rendered in the superior court of one county and the transcript thereof has been docketed in the office of the clerk of the superior court of some other county or counties, all executions heretofore issued on such docketed transcript of judgment and all homestead proceedings, execution sales, judicial sales and assignments related thereto and based thereon are hereby declared to be lawful, legal and binding upon all purchasers, judgment debtors, judgment creditors, assignors and assignees, and on all parties to the original action and on all parties to or affected by any proceedings related to or based upon such execution, and all such sales, purchases, proceedings and assignments are hereby validated. (1871-2, c. 74; 1881, c. 75; Code, s. 444; Rev., s. 623; C.S., s. 669; 1945, c. 773.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-308 - To what counties issued.

§ 1-308. To what counties issued.
When the execution is against the property of the judgment debtor, it may be issued to the sheriff of any county where the judgment is docketed. No execution may issue from the superior court upon any judgment until such judgment shall be docketed in the county to which the execution is to be issued. When it requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property, or some part thereof, is situated. Execution may be issued at the same time to different counties. (C.C.P., s. 259; 1871-2, c. 74; 1881, c. 75; Code, s. 443; 1905, c. 412; Rev., s. 622; C.S., s. 670; 1953, c. 884.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-309 - Sale of land under execution.

§ 1-309. Sale of land under execution.
Real property adjudged to be sold must be sold in the county where it lies, by the sheriff of the county or by a referee appointed by the court for that purpose; and thereupon the sheriff or referee must execute a conveyance to the purchaser, which conveyance shall be effectual to pass the rights and interests of the parties adjudged to be sold. (C.C.P., s. 259; Code, s. 443; Rev., s. 622; C.S., s. 671.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-310 - When dated and returnable.

§ 1-310. When dated and returnable.
(a) Executions shall issue in accordance with G.S. 1A-1, Rule 62. In no case shall an execution against property issue until 10 days after entry of judgment. Executions shall be dated as of the day on which they were issued and are returnable to the court from which they were issued not more than 90 days from that date. If an execution sale is postponed pursuant to G.S. 1-339.58, the 90-day period to return the execution to the court is extended by the number of days the sale is postponed.
(b) The sheriff shall separately notate on the return of execution for a judgment requiring the payment of money (i) any amount collected without an execution sale and the date of collection and, if multiple payments to the sheriff are collected on different dates pursuant to a single writ of execution, the individual dates of collection and the amount collected on each date and (ii) the date of levy and description of property levied and sold through an execution sale pursuant to Article 29B of this Chapter. (1870-1, c. 42, s. 7; 1873-4, c. 7; Code, s. 449; 1903, c. 544; Rev., s. 624; C.S., s. 672; 1927, c. 110; 1931, c. 172; 1953, c. 697; 1971, c. 381, s. 12; 1973, c. 1070, s. 2; 1977, c. 74, s. 1; 2021-47, s. 14(b); 2022-60, s. 2(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-311 - Against the person.

§ 1-311. Against the person.
If the action is one in which the defendant might have been arrested, an execution against the person of the judgment debtor may be issued to any county within the State, after the return of an execution against his property wholly or partly unsatisfied. But no execution shall issue against the person of a judgment debtor, unless an order of arrest has been served, as provided in the Article Arrest and Bail, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by law, whether such statement of facts is necessary to the cause of action or not. Provided, that where the facts are found by a jury, the verdict shall contain a finding of facts establishing the right to execution against the person; and where jury trial is waived and the court finds the facts, the court shall find facts establishing the right to execution against the person. Such findings of fact shall include a finding that the defendant either (i) is about to flee the jurisdiction to avoid paying his creditors, (ii) has concealed or diverted assets in fraud of his creditors, or (iii) will do so unless immediately detained. If defendant appears at the hearing on the debt and the judge has reason to believe that the defendant is indigent, he shall inform the defendant that if he 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 provisional release, and that the judge will thereupon immediately appoint counsel for him if it is adjudged that he is unable to pay a lawyer. If defendant appears at the hearing on the debt and the judge provisionally concludes he is indigent, counsel should be appointed immediately pursuant to rules adopted by the Office of Indigent Defense Services. (C.C.P., s. 260; Code, s. 447; 1891, c. 541, s. 2; Rev., s. 625; C.S., s. 673; 1947, c. 781; 1977, c. 649, s. 1; 2000-144, s. 14.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-312 - Rights against property of defendant dying in execution.

§ 1-312. Rights against property of defendant dying in execution.
Parties at whose suit the body of a person is taken in execution for a judgment recovered, their executors or administrators, may after the death of the person so taken and dying in execution, have the same rights against the property of the person deceased, as they might have had if that person had never been in execution. (21 James I, s. 24; R.C., c. 45, s. 28; Code, s. 469; Rev., s. 626; C.S., s. 674.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-314 - Variance between judgment and execution.

§ 1-314. Variance between judgment and execution.
When property has been sold by an officer by virtue of an execution or other process commanding sale, no variance between the execution and the judgment whereon it was issued, in the sum due, in the manner in which it is due, or in the time when it is due, invalidates or affects the title of the purchaser of such property. (1848, c. 53; R.C., c. 44, s. 13; Code, s. 1347; Rev., s. 628; C.S., s. 676.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-315 - Property liable to sale under execution; bill of sale.

§ 1-315. Property liable to sale under execution; bill of sale.
(a) The following property of the judgment debtor, not exempted from sale under the Constitution and laws of this State, may be levied on and sold under execution:
(1) Goods, chattels, and real property belonging to him.
(2) Leasehold estates of three years duration or more owned by him.
(3) Equitable and legal rights of redemption in personal and real property pledged or mortgaged by him, or transferred to a trustee for security by him.
(4) Real property or goods and chattels of which any person is seized or possessed in trust for him.
(5) Choses in action represented by instruments which are indispensable to the chose in action.
(6) Choses in action represented by indispensable instruments, which are secured by any interest in property, together with the security interest in property.
(7) Interests as vendee under conditional sales contracts of personal property.
(b) Upon the sale under execution of any property or interest for which no provision is otherwise made under this article for the furnishing of a deed or other instrument of title, the officer holding the sale shall execute and deliver to the purchaser a bill of sale.
(c) No execution shall be levied on growing crops until they are matured. (5 Geo. II, c. 7, s. 4; 1777, c. 115, s. 29, P.R.; 1812, c. 830, ss. 1, 2, P.R.; 1822, c. 1172, P.R.; 1844, c. 35; R.C., c. 45, ss. 1-5, 11; Code, ss. 450, 453; Rev., ss. 629, 632; 1919, c. 30; C.S., s. 677; 1961, c. 81.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-316 - Sale of trust estates; purchaser's title.

§ 1-316. Sale of trust estates; purchaser's title.
Upon the sale under execution of trust estates whereof the judgment debtor is beneficiary the sheriff shall execute a deed to the purchaser, and the purchaser thereof shall hold and enjoy the same freed and discharged from all encumbrances of the trustee. (1812, c. 830, P.R.; R.C., c. 45, s. 4; Code, s. 452; Rev., s. 630; C.S., s. 678.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-317 - Sheriff's deed on sale of equity of redemption.

§ 1-317. Sheriff's deed on sale of equity of redemption.
The sheriff selling equitable and legal rights of redemption shall set forth in the deed to the purchaser thereof that the said estates were under mortgage at the time of judgment, or levy in the case of personal property and sale. (1812, c. 830, s. 2, P.R.; 1822, c. 1172, P.R.; R.C., c. 45, s. 5; Code, s. 451; Rev., s. 631; C.S., s. 679.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-318 - Forthcoming bond for personal property.

§ 1-318. Forthcoming bond for personal property.
If a sheriff or other officer who has levied an execution or other process upon personal property permits it to remain with the possessor, the officer may take a bond, attested by a credible witness, for the forthcoming thereof to answer the execution or process; but the officer remains, nevertheless, in all respects liable as heretofore to the plaintiff's claim. (1807, c. 731, s. 3, P.R.; 1828, c. 12, s. 2; R.C., c. 45, s. 21; Code, s. 463; Rev., s. 633; C.S., s. 680.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-319 - Procedure on giving bond; subsequent levies.

§ 1-319. Procedure on giving bond; subsequent levies.
When the forthcoming bond is taken the officer must specify therein the property levied upon and furnished to the surety a list of the property in writing under his hand, attested by at least one credible witness, and stating therein the day of sale. The property levied upon is deemed in the custody of the surety, as the bailee of the officer. All other executions thereafter levied on this property create a lien on the same from and after the respective levies, and shall be satisfied accordingly out of the proceeds of the sale of the property; but the officer thereafter levying shall not take the property out of the custody of the surety. But in all such cases sales of chattels shall take place within thirty days after the first levy; and if sale is not made within that time any other officer who has levied upon the property may seize and sell it. (1844, c. 34; 1846, c. 50; R.C., c. 45, s. 22; Code, s. 464; Rev., s. 634; C.S., s. 682.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-320 - Summary remedy on forthcoming bond.

§ 1-320. Summary remedy on forthcoming bond.
If the condition of such bond be broken, the sheriff or other officer, on giving 10 days' previous notice in writing to any obligor therein, may on motion have judgment against him in a summary manner, before the superior court or before the district court, as the case may be, of the county in which the officer resides, for all damages which the officer has sustained, or may be adjudged liable to sustain, not exceeding the penalty of the bond, to be ascertained by a jury, under the direction of the court. (1822, c. 1141, P.R.; R.C., c. 45, s. 23; Code, s. 465; Rev., s. 635; C.S., s. 681; 1971, c. 268, s. 14.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-321 - Entry of returns on judgment docket; penalty.

§ 1-321. Entry of returns on judgment docket; penalty.
When an execution is returned, the return of the sheriff or other officer must be noted by the clerk on the judgment docket; and when it is returned wholly or partially satisfied, it is the duty of the clerk of the court to which it is returned to send a copy of such last-mentioned return, under his hand, to the clerk of the superior court of each county in which such judgment is docketed, who must note such copy in his judgment docket, opposite the judgment, and file the copy with the transcript of the docket of the judgment in his office. A clerk failing to send a copy of the payments on the execution or judgment to the clerks of the superior court of the counties wherein a transcript of the judgment has been docketed, and a clerk failing to note said payment on the judgment docket of his court, shall, on motion, be fined one hundred dollars ($100.00) nisi, and the judgment shall be made absolute upon notice to show cause at the succeeding session of the superior court of his county. (1871-2, c. 74, s. 2; 1881, c. 75; Code, s. 445; Rev., s. 636; C.S., s. 683; 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-322 - Cost of keeping livestock; officer's account.

§ 1-322. Cost of keeping livestock; officer's account.
The court shall make a reasonable allowance to officers for keeping and maintaining horses, cattle, hogs, or sheep, and all other property taken into their custody under legal process, the keeping of which is chargeable to them; and this allowance may be retained by the officers out of the sales of the property, in preference to the satisfaction of the process under which the property was seized or sold. The officer must make out his account and, if required, give the debtor or his agent a copy of it, signed by his own hand, and must return the account with the execution or other process, under which the property has been seized or sold, to the court to whom the execution or process is returnable, and shall swear to the correctness of the several items set forth; otherwise he shall not be permitted to retain the allowance. (1807, c. 731, P.R.; R.C., c. 45, ss. 25, 26; Code, ss. 466, 467; Rev., ss. 637, 638; C.S., s. 684; 1971, c. 268, s. 15.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-323 - Purchaser of defective title; remedy against defendant.

§ 1-323. Purchaser of defective title; remedy against defendant.
Where real or personal property is sold on any execution or decree, by any officer authorized to make the sale, and the sale is made legally and in good faith, and the property did not belong to the person against whose estate the execution or decree was issued, by reason of which the purchaser has been deprived of the property, or been compelled to pay damages in lieu thereof to the owner, the purchaser, his executors or administrators, may sue the person against whom such execution or decree was issued, or the person legally representing him, in a civil action, and recover such sum as he may have paid for the property, with interest from the time of payment; but the property, if personal, must be present at the sale and actually delivered to the purchaser. (1807, c. 723, P.R.; R.C., c. 45, s. 27; Code, s. 468; Rev., s. 639; C.S., s. 685.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.1 - Judgment against corporation; property subject to execution.

§ 1-324.1. Judgment against corporation; property subject to execution.
If a judgment is rendered against a corporation, the plaintiff may sue out such executions against its property as is provided by law to be issued against the property of natural persons, which executions may be levied as well on the current money as on the goods, chattels, lands and tenements of such corporation. (1901, c. 2, s. 66; Rev., s. 1212; C.S., s. 1201; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.2 - Agent must furnish information as to corporate officers and property.

§ 1-324.2. Agent must furnish information as to corporate officers and property.
Every agent or person having charge or control of any property of the corporation, on request of a public officer having for service a writ of execution against it, shall furnish to him the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due, so far as he has knowledge of the same. (1901, c. 2, s. 67; Rev., s. 1213; C.S., s. 1202; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.3 - Shares subject to execution; agent must furnish information.

§ 1-324.3. Shares subject to execution; agent must furnish information.
Any share or interest in any bank, insurance company, or other joint stock company, that is or may be incorporated under the authority of this State, or incorporated or established under the authority of the United States, belonging to the defendant in execution, may be taken and sold by virtue of such execution in the same manner as goods and chattels. The clerk, cashier, or other officer of such company who has at the time the custody of the books of the company shall, upon being shown the writ of execution, give to the officer having it a certificate of the number of shares or amount of the interest held by the defendant in the company; and if he neglects or refuses to do so, or if he willfully gives a false certificate, he shall be liable to the plaintiff for the amount due on the execution, with costs. (1901, c. 2, ss. 69, 70; Rev., ss. 1214, 1215; C.S., s. 1203; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.4 - Debts due corporation subject to execution; duty, etc., of agent.

§ 1-324.4. Debts due corporation subject to execution; duty, etc., of agent.
If an officer holding an execution is unable to find other property belonging to the corporation liable to execution, he or the judgment creditor may elect to satisfy such execution in whole or in part out of any debts due the corporation, and it is the duty of any agent or person having custody of any evidence of such debt to deliver it to the officer, for the use of the creditor and such delivery, with a transfer to the officer in writing, for the use of the creditor and notice to the debtor, shall be a valid assignment thereof, and the creditor may sue for and collect the same in the name of the corporation, subject to such equitable set-offs on the part of the debtor as in other assignments. Every agent or person who neglects or refuses to comply with the provisions of this section and G.S. 1-324.2 is liable to pay to the execution creditor the amount due on the execution, with costs. (1901, c. 2, s. 68; Rev., s. 1216; C.S., s. 1204; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.5 - Violations of three preceding sections misdemeanor.

§ 1-324.5. Violations of three preceding sections misdemeanor.
If any agent or person having charge or control of any property of a corporation, or any clerk, cashier, or other officer of a corporation, who has at the time the custody of the books of the company, or if any agent or person having custody of any evidence of debt due to a corporation, shall, on request of a public officer having in his hands for service an execution against the said corporation, willfully refuse to give to such officer the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due, or shall willfully refuse to give to such officer a certificate of the number of shares, or amount of interest held by such corporation in any other corporation, or shall willfully refuse to deliver to such officer any evidence of indebtedness due or to become due to such corporation, he shall be guilty of a Class 1 misdemeanor. (1901, c. 2, ss. 67, 68, 70; Rev., s. 3690; C.S., s. 1205; 1955, c. 1371, s. 2; 1993, c. 539, s. 1; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.6 - Proceedings when custodian of corporate books is a nonresident.

§ 1-324.6. Proceedings when custodian of corporate books is a nonresident.
When the clerk, cashier, or other officer of any corporation incorporated under the laws of this State, who has the custody of the stock-registry books, is a nonresident of the State, it is the duty of the sheriff receiving a writ of execution issued out of any court of this State against the goods and chattels of a defendant in execution holding stock in such company to send by mail a notice in writing, directed to the nonresident clerk, cashier, or other officer at the post office nearest his reputed place of residence, stating in the notice that he, the sheriff, holds the writ of execution, and out of what court, at whose suit, for what amount, and against whose goods and chattels the writ has been issued, and that by virtue of such writ he seizes and levies upon all the shares of stock of the company held by the defendant in execution on the day of the date of such written notice. It is also the duty of the sheriff on the day of mailing the notice to affix and set upon any office or place of business of such company, within his county, a like notice in writing, and on the same day to serve like notice in writing upon the president and directors of the company, or upon such of them as reside in his county, either personally or by leaving the same at their respective places of abode. The sending, setting up, and serving of such notices in the manner aforesaid constitute a valid levy of the writ upon all shares of stock in such company held by the defendant in execution, which have not at the time of the receipt of the notice by the clerk, cashier, or other officer, who has custody of the stock-registry books, been actually transferred by the defendant, and thereafter any transfer or sale of such shares by the defendant in execution is void as against the plaintiff in the execution, or any purchaser of such stock at any sale thereunder. (1901, c. 2, s. 71; Rev., s. 1217; C.S., s. 1206; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 28 - Execution. › § 1-324.7 - Duty and liability of nonresident custodian.

§ 1-324.7. Duty and liability of nonresident custodian.
The nonresident clerk, cashier, or other officer in such corporation, to whom notice in writing is sent as prescribed in G.S. 1-324.6, shall send forthwith to the officer having the writ, a statement of the time when he received the notice and a certificate of the number of shares held by the defendant in the corporation at the time of the receipt, not actually transferred on the books of the corporation, and the sheriff, or other officer, on receipt by him of this certificate, shall insert the number of shares in the inventory attached to the writ. If the clerk, cashier, or other officer in such corporation neglects to send the certificate as aforesaid or willfully sends a false one, he is liable to the plaintiff for double the amount of damages occasioned by his neglect, or false certificate, to be recovered in an action against him, but the neglect to send, or miscarriage of the certificate, does not impair the validity of the levy upon the stock. (1901, c. 2, s. 72; Rev., s. 1218; C.S., s. 1207; 1955, c. 1371, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.1 - Definitions.

§ 1-339.1. Definitions.
(a) A judicial sale is a sale of property made pursuant to an order of a judge or clerk in an action or proceeding in the superior or district court, including a sale pursuant to an order made in an action in court to foreclose a mortgage or deed of trust, but is not
(1) A sale made pursuant to a power of sale
a. Contained in a mortgage, deed of trust, or conditional sale contract, or
b. Granted by statute with respect to a mortgage, deed of trust, or conditional sale contract, or
(2) A resale ordered with respect to any sale described in subsection (a)(1), where such original sale was not held under a court order, or
(3) An execution sale, or
(4) A sale ordered in a criminal action, or
(5) A tax foreclosure sale, or
(6) A sale made pursuant to Article 15 of Chapter 35A of the General Statutes, relating to sales of estates held by the entireties when one or both spouses are mentally incompetent, or
(7) A sale made in the course of liquidation of a bank pursuant to Article 9 of Chapter 53C of the General Statutes, or
(8) A sale made in the course of liquidation of an insurance company pursuant to Article 30 of Chapter 58 of the General Statutes, or
(8a) A lease, sale, or exchange made pursuant to G.S. 35A-1251(17) or G.S. 35A-1252(14), unless any order thereunder requires, or
(9) Any other sale the procedure for which is specially provided by any statute other than this Article.
(b) As hereafter used in this Article, "sale" means a judicial sale. (1949, c. 719, s. 1; 1971, c. 268, s. 16; 1987, c. 550, s. 12; 1989, c. 473, s. 10; 2003-221, s. 4; 2012-56, s. 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.3 - Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.

§ 1-339.3. Application of Article to sale ordered by clerk; by judge; authority to fix procedural details.
(a) The procedure prescribed by this Article applies to all sales ordered by a clerk of the superior court.
(b) The procedure prescribed by this Article applies to all sales ordered by a judge of the superior or district court, except that the judge having jurisdiction may, upon a finding and a recital in the order of sale of the necessity or advisability thereof, vary the procedure from that herein prescribed, but not inconsistently with G.S. 1-339.6 restricting the place of sale of real property.
(c) The judge or clerk of court having jurisdiction has authority to fix and determine all necessary procedural details with respect to sales in all instances in which this Article fails to make definite provisions as to such procedure. (1949, c. 719, s. 1; 1971, c. 268, ss. 17, 18; 2001-271, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.3A - Judge or clerk may order public or private sale.

§ 1-339.3A. Judge or clerk may order public or private sale.
The judge or clerk of court having jurisdiction has authority in his discretion to determine whether a sale of either real or personal property shall be a public or private sale and whether a public sale of timber shall be by auction or by sealed bid. Any private sale conducted under an order issued prior to July 1, 1955 by a judge or clerk of court having jurisdiction is hereby validated as to the order that the sale be a private sale. (1955, c. 74; 1971, c. 268, s. 18; 1997-83, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.4 - Who may hold sale.

§ 1-339.4. Who may hold sale.
An order of sale may authorize the persons designated below to hold the sale:
(1) In any proceeding, a commissioner specially appointed therefor;
(2) In a proceeding to sell property of a decedent, the administrator, executor or collector of such decedent's estate;
(3) In a proceeding to sell property of a minor, the guardian of such minor's estate;
(4) In a proceeding to sell property of an incompetent, the guardian or trustee of such incompetent's estate;
(5) In a proceeding to sell property of an absent or missing person, the administrator, collector, conservator, or guardian of the estate of such absent or missing person;
(6) In a proceeding to foreclose a deed of trust, the trustee named in the deed of trust;
(7) In a receivership proceeding, the receiver;
(8) In a proceeding to sell property of a trust, the trustee.
(9) Repealed by Session Laws 1998-182, s. 13. (1949, c. 719, s. 1; 1993, c. 377, s. 2; 1997-379, s. 1.8; 1998-182, s. 13.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.6 - Place of public sale.

§ 1-339.6. Place of public sale.
(a) Every public sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties.
(b) A public sale of a single tract of real property situated in two or more counties may be held in any one of the counties in which any part of the tract is situated. For the purposes of this section, a "single tract" means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons, or whether it may have been subdivided into separate units or lots or whether it is sold as a whole or in parts.
(c) A public sale of personal property may be held at any place in the State designated in the order. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.7 - Presence of personal property at public sale required.

§ 1-339.7. Presence of personal property at public sale required.
The person holding a public sale of personal property shall have the property present at the place of sale unless the order of sale provides otherwise as authorized by G.S. 1-339.13(c). (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.8 - Public sale of separate tracts in different counties.

§ 1-339.8. Public sale of separate tracts in different counties.
(a) When an order of public sale directs the sales of separate tracts of real property situated in different counties, exclusive jurisdiction over the sale remains in the superior or district court of the county where the proceeding, in which the order of sale was issued, is pending, but there shall be a separate advertisement, sale and report of sale with respect to the property in each county. In any such sale proceeding, the clerk of the superior court of the county where the original order of sale was issued has jurisdiction with respect to upset bids submitted for separate tracts of property situated in other counties as well as in the clerk's own county. When the public sale is by auction an upset bid may be filed only with that clerk.
(b) The report of sale with respect to all sales of separate tracts situated in different counties shall be filed with the clerk of the superior court of the county in which the order of sale was issued, and is not required to be filed in any other county.
(c) When the public sale is by auction, the sale of each separate tract shall be subject to separate upset bids. To the extent deemed necessary by the judge or clerk of court of the county where the original order of sale was issued, the sale of each tract shall be treated as a separate sale.
(d) When real property is sold in a county other than the county where the proceeding, in which the sale was ordered, is pending, the person authorized to hold the sale shall cause a certified copy of the order of confirmation to be recorded in the office of the register of deeds of the county where such property is situated, and it shall not be necessary for the clerk of court to probate said certified copy of the order of confirmation. (1949, c. 719, s. 1; 1965, c. 805; 1971, c. 268, ss. 18, 19; 1997-83, ss. 2, 3; 2001-271, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.9 - Sale as a whole or in parts.

§ 1-339.9. Sale as a whole or in parts.
(a) When real property to be sold consists of separate lots or other units or when personal property consists of more than one article, the judge or clerk of court having jurisdiction may direct specifically
(1) That it be sold as a whole, or
(2) That it be sold in designated parts, or
(3) That it be offered for sale by each method, and then sold by the method which produces the highest price.
(b) When real property to be sold has not been subdivided but is of such nature that it may be advantageously subdivided for sale, the judge or clerk having jurisdiction may authorize the subdivision thereof and the dedication to the public of such portions thereof as are necessary or advisable for public highways, streets, alleys, or other public purposes.
(c) When an order of sale of such real or personal property as is described in subsection (a) of this section makes no specific provision for the sale of the property as a whole or in parts, the person authorized to make the sale has authority in his discretion to sell the property by whichever method described in subsection (a) of this section he deems most advantageous. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.11 - Compensation of person holding sale.

§ 1-339.11. Compensation of person holding sale.
(a) If the person holding a sale is a commissioner specially appointed or a trustee in a deed of trust, the judge or clerk of court having jurisdiction shall fix the amount of his compensation and order the payment thereof out of the proceeds of the sale.
(b) If the person holding a sale is any other person, the judge or clerk may, but is not required to, fix his compensation and order the payment thereof out of the proceeds of the sale; when compensation is not fixed in this manner, compensation may be fixed and paid in the usual manner provided with respect to such fiduciary for receiving and disbursing funds. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.12 - Clerk's authority to compel report or accounting; contempt proceeding.

§ 1-339.12. Clerk's authority to compel report or accounting; contempt proceeding.
Whenever any person fails to file any report or account, as provided by this Article, or files an incorrect or incomplete report or account, the clerk of the superior court, having jurisdiction, on his own motion or on motion of any interested party, may issue an order directing such person to file a correct and complete report or account within twenty days after service of the order on him. If such person fails to comply with the order, the clerk may issue an attachment against him for contempt, and may commit him to jail until he files such correct and complete report or account. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.13 - Public sale; order of sale.

§ 1-339.13. Public sale; order of sale.
(a) Whenever a public sale is ordered, the order of sale shall
(1) Designate the person authorized to hold the sale;
(2) Direct that the property be sold at public auction to the highest bidder or, in the case of a sale of timber, direct that the timber be sold to the highest bidder and specify whether the sale is to be by public auction or by sealed bid;
(3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it;
(4) Describe personal property to be sold, by reference or otherwise, sufficiently to indicate its nature and quantity;
(5) Designate, consistently with G.S. 1-339.6, the county and the place therein at which the sale is to be held;
(6) Prescribe the terms of sale, specifying the amount of the cash deposit, if any, to be made by the highest bidder at the sale; and
(7) If the sale is to be a sale of timber by sealed bid, specify:
a. The minimum number of bids that must be submitted, which shall not be less than three, and
b. The time at which any cash deposit required of the highest bidder must be made, which shall not be more than three business days after the date on which the sealed bids are opened.
(b) The order of public sale may also, but is not required to
(1) State the method by which the property shall be sold, pursuant to G.S. 1-339.9;
(2) Direct any posting of the notice of sale or any advertisement of the sale, in addition to that required by G.S. 1-339.17 in the case of real property or G.S. 1-339.18 in the case of personal property, which the judge or clerk of the superior court deems advantageous; and
(3) Specify the number of appraisals to be obtained pursuant to G.S. 1-339.13A.
(c) The order of public sale may provide that personal property need not be present at the place of sale when the nature, condition or use of the property is such that the judge or clerk ordering the sale deems it impractical or inadvisable to require the presence of the property at the sale. In such event, the order shall provide that reasonable opportunity be afforded prospective bidders to inspect the property prior to the sale, and that notice as to the time and place for inspection shall be set out in the notice of sale. (1949, c. 719, s. 1; 1997-83, ss. 4, 5.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.13A - Public sale of timber by sealed bid; appraisal; bid procedure.

§ 1-339.13A. Public sale of timber by sealed bid; appraisal; bid procedure.
(a) When a sale of timber by sealed bid is ordered, the person holding the sale, before giving notice of the sale, shall:
(1) Obtain one or more appraisals of the timber to be sold;
(2) Determine the place at which and the manner and form in which sealed bids should be submitted;
(3) Determine the first date on which sealed bids will be accepted, which shall not be less than five days after the date on which the notice of sale is first published pursuant to G.S. 1-339.17; and
(4) Determine the date, time, and place at which sealed bids will be opened.
(b) Each appraisal obtained pursuant to subsection (a) of this section shall be made by a registered professional forester or other person qualified by training and experience to appraise the timber to be sold. Copies of all appraisals obtained pursuant to this section shall be included in the report required under G.S. 1-339.24. A person conducting an appraisal pursuant to this section, including a partnership, corporation, company, or other business of the appraiser, may not submit a bid on the timber which is the subject of the appraisal. An appraisal conducted pursuant to this section shall remain confidential until the appraisal is filed with the report of sale pursuant to G.S. 1-339.24. The contents of the appraisal shall not be divulged by the appraiser to any person other than the person holding the sale nor may the appraiser conduct an appraisal of the timber for any other person until after the sale is confirmed.
(c) All sealed bids received on or after the first date set for submitting bids and, at or before the time set for opening the bids, shall be opened publicly at that time at the place set for doing so. If the minimum number of bids is received and there is only one highest bid, that bid shall be announced at that time; the highest bidder is the purchaser, and all bidders shall immediately be notified of that fact. If the minimum number of bids is not received, or if two or more bids in the same amount are the highest bids, that fact shall be announced at that time, and all bidders shall immediately be notified of that fact; the person holding the sale shall then obtain a new order of sale. (1997-83, s. 6.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.14 - Public sale; judge's approval of clerk's order of sale.

§ 1-339.14. Public sale; judge's approval of clerk's order of sale.
An order of public sale of personal property in which a minor or incompetent has an interest, which is made by a clerk of the superior court, shall not be effective, except in the case of perishable property as provided by G.S. 1-339.19, unless and until such order is approved by the resident judge or the judge regularly holding the courts of the district. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.15 - Public sale; contents of notice of sale.

§ 1-339.15. Public sale; contents of notice of sale.
The notice of public sale shall:
(1) Refer to the order authorizing the sale;
(2) If the sale is to be by public auction, designate the date, hour and place of sale;
(2a) If the sale is to be a sale of timber by sealed bid, specify:
a. The date on which sealed bids will first be accepted;
b. The place or address at which sealed bids are to be submitted;
c. The manner and form in which sealed bids are to be submitted;
d. The time and place at which any sealed bids received will be opened; and
e. The minimum number of bids required, as determined pursuant to G.S. 1-339.13(a)(7);
(3) Describe real property to be sold, by reference or otherwise, sufficiently to identify it, and may add any further description as will acquaint bidders with the nature and location of the property;
(4) Describe personal property to be sold sufficiently to indicate its nature and quantity, and may add any further description as will acquaint bidders with the nature of the property;
(5) State the terms of the sale, specifying the amount of the cash deposit, if any, to be made by the highest bidder at the sale and, in the case of a sale by sealed bid, the date by which any deposit shall be made, as determined pursuant to G.S. 1-339.13(a)(7); and
(6) Include any other provisions required by the order of sale to be included therein. (1949, c. 719, s. 1; 1997-83, s. 7.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.16 - Public sale; time for beginning advertisement.

§ 1-339.16. Public sale; time for beginning advertisement.
An order of sale may provide for the beginning of the advertisement of sale at any time after the order is issued. If the order does not specify such time, the advertisement may be begun at any time after the order is issued. (1949, c. 719, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.17 - Public sale; posting and publishing notice of sale of real property.

§ 1-339.17. Public sale; posting and publishing notice of sale of real property.
(a) Subject to subsection (d) of this section, notice of public sale of real property shall:
(1) Be posted, in the area designated by the clerk of superior court for the posting of notices in the county in which the property is situated, for at least 20 days immediately preceding the sale; and
(2) Be published once a week for at least two successive weeks:
a. In a newspaper qualified for legal advertising published in the county; or
b. If no newspaper qualified for legal advertising is published in the county, in a newspaper having general circulation in the county.
(b) When the notice of public sale is published in a newspaper:
(1) The period from the date of the first publication to the date of the last publication, both dates inclusive, shall not be less than seven days, including Sundays; and
(2) The date of the last publication shall be not more than 10 days preceding the date of the sale in a sale by auction or the date on which sealed bids are opened in a sale by sealed bid.
(c) When the real property to be sold is situated in more than one county, the provisions of subsections (a) and (b) of this section shall be complied with in each county in which any part of the property is situated.
(c1) When the public sale is a sale of timber by sealed bid, the notice shall also be given in writing, not less than 21 days before the date on which bids are opened, to a reasonable number of prospective timber buyers, which in all cases shall include the timber buyers listed in the office of the North Carolina Forest Service of the Department of Agriculture and Consumer Services for the county or counties in which the timber to be sold is located.
(d) In addition to the other requirements of this section, the notice of public sale shall be posted or the sale shall be advertised as may be required by the judge or clerk pursuant to the provisions of G.S. 1-339.13(b)(2).
(e) If the sale is a sale of timber by sealed bid, the person holding the sale shall include in the report required by G.S. 1-339.24 an affidavit showing that the requirements of this section have been complied with and listing all the persons notified pursuant to subsection (c1) of this section. (1949, c. 719, s. 1; 1965, c. 41; 1967, c. 979, s. 1; 1997-83, s. 8; 2001-271, s. 3; 2011-145, s. 13.25(kk); 2013-155, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.18 - Public sale; posting notice of sale of personal property.

§ 1-339.18. Public sale; posting notice of sale of personal property.
(a) The notice of public sale of personal property, except in the case of perishable property as provided by G.S. 1-339.19, shall be posted, in the area designated by the clerk of superior court for the posting of notices, in the county in which the sale is to be held, for ten days immediately preceding the date of sale.
(b) In addition to the foregoing, the notice of public sale shall be otherwise advertised as may be required by the judge or clerk of court pursuant to the provisions of G.S. 1-339.13(b)(2). (1949, c. 719, s. 1; 1971, c. 268, s. 18; 1997-83, s. 9.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 29A - Judicial Sales. › § 1-339.19 - Public sale; exception; perishable property.

§ 1-339.19. Public sale; exception; perishable property.
If personal property to be sold at public sale is determined by the judge or clerk of court having jurisdiction to be perishable property because subject to rapid deterioration, he may order the sale thereof to be held at such time and place and upon such notice to be given in such manner and for such length of time as he deems advisable. The order of sale of such perishable property of a minor or incompetent when made by the clerk need not be approved by the judge. Confirmation of any sale of such perishable property is not necessary unless required by the order of sale. (1949, c. 719, s. 1; 1971, c. 268, s. 18.)