reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.21 - Nature of garnishment.

§ 1-440.21. Nature of garnishment.
(a) Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment
(1) Tangible personal property belonging to the defendant but not in his possession, and
(2) Any indebtedness to the defendant and any other intangible personal property belonging to him.
(b) A garnishee is a person, firm, association, or corporation to which such a summons as specified by G.S. 1-440.23 is issued. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.22 - Issuance of summons to garnishee.

§ 1-440.22. Issuance of summons to garnishee.
(a) A summons to garnishee may be issued
(1) At the time of the issuance of the original order of attachment, by the court making such order, or
(2) At any time thereafter prior to judgment in the principal action, by the court in which the action is pending.
(b) At the request of the plaintiff, such summons to garnishee shall, at either such time, be issued to each person designated by the plaintiff as a garnishee. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.23 - Form of summons to garnishee.

§ 1-440.23. Form of summons to garnishee.
The summons to garnishee shall be substantially in the following form:
State of North Carolina In the Superior Court
__________County
____________________,
Plaintiff,
vs.
____________________, Summons to Garnishee
Defendant,
and
____________________,
Garnishee.
To____________, Garnishee:
You are hereby summoned, as a garnishee of the defendant, ________, and required, within twenty days after the service of this summons upon you, to file a verified answer in the Office of the Clerk of the Superior Court of the above named county, at________, North Carolina, showing –
(1) Whether, at the time of the service of this summons upon you, or at any time since then until the date of your answer, you were indebted to the defendant or had any property of his in your possession and, if so, the amount and nature thereof; and
(2) Whether, according to your knowledge, information or belief, any other person is indebted to the defendant or has any property of the defendant in his possession and, if so, the name of each such person.
In case of your failure to file such answer a conditional judgment will be rendered against you for the full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as will be sufficient to cover the plaintiff's costs.
This the ______day of________, _______
__________________________________
(Here designate Clerk Superior
Court or Judge.)
(1947, c. 693, s. 1; 1999-456, s. 59.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.24 - Form of notice of levy in garnishment proceeding.

§ 1-440.24. Form of notice of levy in garnishment proceeding.
The notice of levy to be served on the garnishee shall be substantially in the following form:
State of North Carolina In the Superior Court
________ County
________________,
Plaintiff,
vs.
_______________, Notice to Levy
Defendant,
and
________________,
Garnishee.
To ______________ Garnishee:
By virtue of the authority contained in an order of attachment issued by the Superior Court of ______ County and directed to me, I hereby levy upon any and all property that you have or hold in your possession for the account, use, or benefit of the defendant, and upon all debts owed by you to the defendant.
You are notified that a lien is hereby created on all the tangible property of the defendant in your possession, and that if you surrender the possession of, or transfer to anyone, any property belonging to the defendant, or if you pay any debt you owe the defendant, unless the same is delivered or paid to me or to the court for such proper disposition as the court may determine, you will be subject to punishment as for contempt, and that judgment may be rendered against you for the value of such property not exceeding the full amount of plaintiff's claim and costs of the action.
This the ____ day of _____, ___
___________________________
Sheriff of ________ County.
(1947, c. 693, s. 1; 1999-456, s. 59.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.25 - Levy upon debt owed by, or property in possession of, the garnishee.

§ 1-440.25. Levy upon debt owed by, or property in possession of, the garnishee.
The levy in all cases of garnishment shall be made by delivering to the garnishee, or a process agent authorized by him or expressly or impliedly authorized by law, or some representative of a corporate garnishee designated by G.S. 1-440.26, a copy of each of the following:
(1) The order of attachment,
(2) The summons to garnishee, and
(3) The notice of levy. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.26 - To whom garnishment process may be delivered when garnishee is corporation.

§ 1-440.26. To whom garnishment process may be delivered when garnishee is corporation.
(a) When the garnishee is a domestic corporation, the copies of the process listed in G.S. 1-440.25 may be delivered to the president or other head, secretary, cashier, treasurer, director, managing agent or local agent of the corporation.
(b) When the garnishee is a foreign corporation, the copies of the process listed in G.S. 1-440.25 may be delivered only to the president, treasurer or secretary thereof personally and while such officer is within the State, except that
(1) If the corporation has property within this State, or
(2) If the cause of action arose in this State, or
(3) If the plaintiff resides in this State,
the copies of the process may be delivered to any of the persons designated in subsection (a) of this section.
(c) A person receiving or collecting money within this State on behalf of a corporation is deemed to be a local agent of the corporation for the purpose of this section. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.27 - Failure of garnishee to appear.

§ 1-440.27. Failure of garnishee to appear.
(a) When a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a conditional judgment for the plaintiff against the garnishee for the full amount for which the plaintiff shall have prayed judgment against the defendant, together with such amount as in the opinion of the clerk will be sufficient to cover the plaintiff's costs.
(b) The clerk shall thereupon issue a notice to the garnishee requiring him to appear not later than 10 days after the date of service of the notice, and show cause why the conditional judgment shall not be made final. If, after service of such notice, the garnishee fails to appear within the time named and file a verified answer to the summons to the garnishee, or if such notice cannot be served upon the garnishee because he cannot be found within the county where the original summons to such garnishee was served, then in either such event, the clerk shall make the conditional judgment final. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.29 - Denial of claim by garnishee; issues of fact.

§ 1-440.29. Denial of claim by garnishee; issues of fact.
(a) In addition to any other instances when issues of fact arise in a garnishment proceeding, issues of fact arise
(1) When a garnishee files an answer such that the court cannot determine therefrom whether the garnishee intends to admit or deny that he is indebted to, or has in his possession any property of, the defendant, or
(2) When a garnishee files an answer denying that he is indebted to, or has in his possession any property of, the defendant, or was indebted to, or had in his possession any property of, the defendant at the time of the service of the summons upon him or at any time since then, and the plaintiff, within 20 days thereafter, files a reply alleging the contrary.
(b) When a jury finds that the garnishee owes the defendant a specific sum of money or has in his possession property of the defendant of a specific value, or owed the defendant a specific sum of money or had in his possession property of the defendant of a specific value at the time of the service of the summons upon him or at any time since then, the court shall enter judgment against the garnishee for the smaller of the two following amounts:
(1) The amount specified in the jury's verdict, or
(2) The full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as in the opinion of the clerk will be sufficient to cover the plaintiff's costs. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.30 - Time of jury trial.

§ 1-440.30. Time of jury trial.
All issues arising under G.S. 1-440.28 or G.S. 1-440.29 shall, when a jury trial is demanded by any party, be submitted to and determined by a jury at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.31 - Payment to defendant by garnishee.

§ 1-440.31. Payment to defendant by garnishee.
Any garnishee who shall pay to the defendant any debt owed the defendant or deliver to the defendant any property belonging to the defendant, after being served with garnishment process, and while the garnishment proceeding is pending, shall not thereby relieve himself of liability to the plaintiff. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.32 - Execution against garnishee.

§ 1-440.32. Execution against garnishee.
(a) Pursuant to a judgment against a garnishee, execution may be issued against such garnishee prior to judgment against the defendant in the principal action. The court may issue such execution without notice or hearing. All property seized pursuant to such execution shall be held subject to the order of the court pending judgment in the principal action.
(b) The court, pending judgment in the principal action, may permit the property to remain in the garnishee's possession upon the garnishee's giving a bond in the same manner and on the same conditions as is provided by G.S. 1-440.39 with respect to the discharge of an attachment by the defendant. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.33 - When lien of attachment begins; priority of liens.

§ 1-440.33. When lien of attachment begins; priority of liens.
(a) Upon securing the issuance of an order of attachment, a plaintiff may cause notice of the issuance of the order to be filed with the clerk of the court of any county in which the plaintiff believes that the defendant has real property which is subject to levy pursuant to such order of attachment. Upon receipt of such notice the clerk shall promptly docket the same on the lis pendens docket.
(b) When the clerk receives from the sheriff a certificate of levy on real property as provided by G.S. 1-440.17, the clerk shall promptly note the levy on his judgment docket and index the same. When the levy is thus docketed and indexed,
(1) The lien attaches and relates back to the time of the filing of the notice of lis pendens if the plaintiff has prior to the levy caused notice of the issuance of the order of attachment to be properly entered on the lis pendens docket of the county in which the land lies, as provided by subsection (a) of this section.
(2) The lien attaches only from the time of the docketing of the certificate of levy if no entry of the issuance of the order of attachment has been made prior to the levy on the lis pendens docket of the county in which the land lies.
(c) A levy on tangible personal property of the defendant in the hands of the garnishee, when made in the manner provided by G.S. 1-440.25, creates a lien on the property thus levied on from the time of such levy.
(d) If more than one order of attachment is served with respect to property in possession of the defendant or is served upon a garnishee, the priority of the order of the liens is the same as the order in which the attachments were levied, subject to the provisions of subsection (b) of this section, relating to the time when a lien of attachment begins with respect to real property.
(e) If two or more orders of attachment are served simultaneously, liens attach simultaneously, subject to the provisions of subsection (b) of this section, relating to the time when a lien of attachment begins with respect to real property.
(f) If the funds derived from the attachment of property on which liens become effective simultaneously are insufficient to pay the judgments in full of the simultaneously attaching creditors who have liens which begin simultaneously, such funds are prorated among such creditors according to the amount of the indebtedness of the defendant to each of them, respectively, as established upon the trial.
(g) If more than one order of attachment is served on a garnishee, the court from which the first order of attachment was issued shall, upon motion of the garnishee or of any of the attaching creditors, make parties to the action all of the attaching creditors, who are not already parties thereto in order that any questions of priority among the attaching creditors may be determined in that action and in that court. (1947, c. 693, § 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.34 - Effect of defendant's death after levy.

§ 1-440.34. Effect of defendant's death after levy.
(a) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force
(1) If the cause of action set forth by the plaintiff in the principal action is one which survives, and
(2) If service is completed on the personal representative of the defendant within three months from the date of his qualification.
(b) If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant's personal representative in the regular course of administration. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.35 - Sheriff's liability for care of attached property; expense of care.

§ 1-440.35. Sheriff's liability for care of attached property; expense of care.
The sheriff is liable for the care and custody of personal property levied upon pursuant to an order of attachment just as if he had seized it under execution. Upon demand of the sheriff, the plaintiff shall advance to the sheriff from time to time such amount as may be required to provide the necessary care and to maintain the custody of the attached property. The expense so incurred in caring for and maintaining custody of attached property shall be taxed as part of the costs of the action. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.36 - Dissolution of the order of attachment.

§ 1-440.36. Dissolution of the order of attachment.
(a) At any time before judgment in the principal action, a defendant whose property has been attached may specially or generally appear and move, either before the clerk or the judge, to dissolve the order of attachment.
(b) When the defect alleged as grounds for the motion appears upon the face of the record, no issues of fact arise, and the motion is heard and determined upon the record.
(c) When the defect alleged does not appear upon the face of the record, the motion is heard and determined upon the affidavits filed by the plaintiff and the defendant, unless, prior to the actual commencement of the hearing, a jury trial is demanded in writing by the plaintiff or the defendant. Either the clerk or the judge hearing and determining the motion to dissolve the order of attachment shall find the facts upon which his ruling thereon is based. If a jury trial is demanded by either party, the issues involved shall be submitted and determined at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.37 - Modification of the order of attachment.

§ 1-440.37. Modification of the order of attachment.
At any time before judgment in the principal action, the defendant may apply to the clerk or the judge for an order modifying the order of attachment. Such motion shall be heard upon affidavits. If the order is modified, the court making the order of modification shall make such provisions with respect to bonds and other incidental matters as may be necessary to protect the rights of the parties. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.38 - Stay of order dissolving or modifying an order of attachment.

§ 1-440.38. Stay of order dissolving or modifying an order of attachment.
Whenever a plaintiff appeals from an order dissolving or modifying an order of attachment, such order shall be stayed and the attachment lien with respect to all property theretofore attached shall remain in effect until the appeal is finally disposed of. In order to protect the defendant in the event that an order dissolving or modifying an order of attachment is affirmed on appeal, the court from whose order the appeal is taken may, in its discretion, require the plaintiff to execute and deposit with the clerk an additional bond with sufficient surety and in an amount deemed adequate by the court to indemnify the defendant against all losses which he may suffer on account of the continuation of the lien of the attachment pending the determination of the appeal. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.39 - Discharge of attachment upon giving bond.

§ 1-440.39. Discharge of attachment upon giving bond.
(a) Any defendant whose property has been attached may move, either before the clerk or the judge, to discharge the attachment upon his giving bond for the property attached. If no prior general appearance has been made by such defendant, such motion shall constitute a general appearance.
(b) The court hearing such motion shall make an order discharging such attachment upon such defendant's filing a bond as follows:
(1) If it is made to appear to the satisfaction of the court by affidavit that the property attached is of a greater value than the amount claimed by the plaintiff, the court shall require a bond in double the amount of the judgment prayed for by the plaintiff, and the condition of such bond shall be that if judgment is rendered against the defendant, the defendant will pay to the plaintiff the amount of the judgment and all costs that the defendant may be ordered to pay, the surety's liability, however, to be limited to the amount of the bond.
(2) If it is made to appear to the satisfaction of the court by affidavit that the property attached is of less value than the amount claimed by the plaintiff, the court shall, upon affidavits filed, determine the value thereof and shall require a bond in double the amount of such value, and the condition of the bond shall be that if judgment is rendered against the defendant, the defendant will pay to the plaintiff an amount equal to the value of such property.
(c) If a bond is filed as provided in subsection (b) of this section, all property of such defendant then remaining in the possession of the sheriff pursuant to such attachment, including, but not by way of limitation, money collected and the proceeds of sales, shall be delivered to the defendant and shall thereafter be free from the attachment.
(d) The discharge of an attachment as provided by this section does not bar the defendant from exercising any right provided by G.S. 1-440.36, 1-440.37 or 1-440.40. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.40 - Defendant's objection to bond or surety.

§ 1-440.40. Defendant's objection to bond or surety.
(a) At any time before judgment in the principal action, on motion of the defendant, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount of the bond previously given by or required of the plaintiff.
(b) At any time before judgment in the principal action the defendant may except to any surety upon any bond given by the plaintiff pursuant to the provisions of this Article, in which case the surety shall be required to justify, and the procedure with respect thereto shall be as is prescribed for the justification of bail in arrest and bail proceedings. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.41 - Defendant's remedies not exclusive.

§ 1-440.41. Defendant's remedies not exclusive.
The exercise by the defendant of any one or more rights provided by G.S. 1-440.36 through 1-440.40 does not bar the defendant from exercising any other rights provided by those sections. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.42 - Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.

§ 1-440.42. Plaintiff's objection to bond or surety; failure to comply with order to furnish increased or new bond.
(a) At any time before judgment in the principal action, on motion of the plaintiff, the clerk or judge may, if he deems it necessary in order to provide adequate protection, require an increase in the amount of the bond previously given by or required of any defendant, garnishee or intervenor.
(b) At any time before judgment in the principal action the plaintiff may except to any surety upon any bond given by any defendant, garnishee or intervenor pursuant to the provisions of this Article, in which case the surety shall be required to justify, and the procedure with respect thereto shall be as is prescribed for the justification of bail in arrest and bail proceedings.
(c) Upon failure of a defendant, garnishee or intervenor to comply with an order requiring an increase in the amount of a bond previously given, or upon failure to comply with an order requiring a new bond when the surety on the previous bond is unsatisfactory, the court may, in addition to any other action with respect thereto, issue an order of attachment directing the sheriff to seize and take into his possession property released upon the giving of the previous bond, if the person failing to comply with the order still has possession of the same. Such property when retaken into his possession by the sheriff shall be subject to all the provisions of this Article relating to attached property. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.43 - Remedies of third person claiming attached property or interest therein.

§ 1-440.43. Remedies of third person claiming attached property or interest therein.
Any person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an interest in such property, whether such lien or interest is acquired prior to or subsequent to the attachment, may
(1) Apply to the court to have the attachment order dissolved or modified, or to have the bond increased, upon the same conditions and by the same methods as are available to the defendant, or
(2) Intervene and secure possession of the property in the same manner and under the same conditions as is provided for intervention in claim and delivery proceedings. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.44 - When attached property to be sold before judgment.

§ 1-440.44. When attached property to be sold before judgment.
(a) The sheriff shall apply to the clerk or to the judge for authority to sell property, or any share or interest therein, seized pursuant to an order of attachment,
(1) If the property is perishable, or
(2) If the property is not perishable, but
a. Will materially deteriorate in value pending litigation, or
b. Will likely cost more than one fifth of its value to keep pending a final determination of the action, and
c. Is not discharged from the attachment lien in the manner provided by G.S. 1-440.39 within ten days after the seizure thereof.
(b) If the court so orders, the property described in subsection (a) of this section shall thereupon be sold under the direction of the court unless the discharge of the same is secured by the defendant or other person interested therein, in the manner provided by G.S. 1-440.39, prior to such sale. The proceeds of such sale shall be liable for any judgment obtained in the principal action and shall be retained by the sheriff to await such judgment. (1947, c. 693, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-440.45 - When defendant prevails in principal action.

§ 1-440.45. When defendant prevails in principal action.
(a) If the defendant prevails in the principal action, or if the order of attachment is for any reason dissolved, dismissed or set aside, or if service is not had on the defendant as provided by G.S. 1-440.7,
(1) The defendant shall be entitled to have delivered to him
a. All bonds taken for his benefit whether filed in the proceedings or taken by an officer, and
b. The proceeds of any sales and all money collected, and
c. All attached property remaining in the officer's hands, and
(2) Any garnishee shall be entitled to have vacated any judgment theretofore taken against him.
(b) Either the clerk or the judge shall have authority, upon motion of the defendant or any garnishee, to make any such order as may be necessary or proper to carry out the provisions of subsection (a) of this section.
(c) Upon judgment in his favor in the principal action, the defendant may thereafter, by motion in the cause, recover on any bond taken for his benefit therein, or he may maintain an independent action thereon. (1947, c. 693, s. 1; 1951, c. 837, s. 8.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 35 - Attachment. › § 1-441 through 1-471 - Superseded by Session Laws 1947, c693, codified as §§ 1-440.1 through 1-440.57.

§§ 1-441 through 1-471: Superseded by Session Laws 1947, c. 693, codified as §§ 1-440.1 through 1-440.57.
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-472 - Claim for delivery of personal property.

§ 1-472. Claim for delivery of personal property.
The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action. (C.C.P., s. 176; Code, s. 321; Rev., s. 790; C.S., s. 830; 1977, c. 753.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-473 - Affidavit and requisites.

§ 1-473. Affidavit and requisites.
Where a delivery is claimed, an affidavit must be made before the clerk of the court in which the action is required to be tried or before some person competent to administer oaths, by the plaintiff, or someone in his behalf, showing –
(1) That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to its possession by virtue of a special property therein, the facts in respect to which must be set forth.
(2) That the property is wrongfully detained by the defendant.
(3) The alleged cause of the detention, according to his best knowledge, information and belief.
(4) That the property has not been taken for tax, assessment or fine, pursuant to a statute; or seized under an execution or attachment against the property of the plaintiff; or, if so seized, that it is, by statute, exempt from such seizure; and,
(5) The actual value of the property. (C.C.P., s. 177; 1881, c. 134; Code, s. 322; Rev., s. 791; C.S., s. 831.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-474 - Order of seizure and delivery to plaintiff.

§ 1-474. Order of seizure and delivery to plaintiff.
(a) Order. – The clerk of court may, upon notice and hearing as provided in G.S. 1-474.1 and upon the giving by the plaintiff of the undertaking prescribed in G.S. 1-475, require the sheriff of the county where the property claimed is located to take the property from the defendant and deliver it to the plaintiff. The act of the clerk in issuing or refusing to issue the order to the sheriff is a judicial act and may be appealed pursuant to G.S. 1-301.1 to the judge of the district or superior court having jurisdiction of the principal action.
(b) Expiration of Certain Orders. – When delivery of property is claimed from a debtor who allegedly defaulted on his payments for personal property purchased under a conditional sale contract, a purchase money security agreement or on a loan secured by personal property, an order of seizure and delivery to the plaintiff for that property expires 60 days after it is issued.
(c) Fee Deposit. – Upon issuance of the order described in subsection (a) of this section, a fee deposit shall be collected by the sheriff from the plaintiff to offset the reasonable and necessary fees and expenses for taking and storing the property seized pursuant to this Article. (C.C.P., s. 178; Code, s. 323; Rev., s. 792; C.S., s. 832; 1973, c. 472, s. 1; 1985, c. 736; 1999-216, s. 6; 2015-55, s. 3(a).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-475 - Plaintiff's undertaking.

§ 1-475. Plaintiff's undertaking.
The plaintiff must give a written undertaking payable to the defendant, executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, with damages for its deterioration and detention if return can be had, and if for any cause return cannot be had, for the payment to him of such sum as may be recovered against the plaintiff for the value of the property at the time of the seizure, with interest thereon as damages for such seizure and detention. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 833.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-476 - Sheriff's duties.

§ 1-476. Sheriff's duties.
Upon the receipt of the order from the clerk with the plaintiff's undertaking and the fee deposit described in G.S. 1-474(c), the sheriff shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 834; 2015-55, s. 3(b).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-477 - Exceptions to undertaking; liability of sheriff.

§ 1-477. Exceptions to undertaking; liability of sheriff.
The defendant may, within three days after the service of a copy of the affidavit and undertaking, notify the sheriff personally, or by leaving a copy at his office in the county seat of the county, that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objection to them. When the defendant excepts, the sureties must justify on notice, in like manner as upon bail on arrest. The sheriff is responsible for the sufficiency of the sureties until the objection to them is either waived as above provided, or until they justify, or until new sureties are substituted and justify. If the defendant excepts to the sureties he cannot reclaim the property as provided in the succeeding section [G.S. 1-478]. (C.C.P., s. 180; Code, s. 325; Rev., s. 794; C.S., s. 835.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-478 - Defendant's undertaking for replevy.

§ 1-478. Defendant's undertaking for replevy.
At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, payable to the plaintiff, executed by one or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, with damages, not less than the difference in value of the property at the time of the execution of the undertaking and the value of the property at the time of its delivery to the plaintiff, together with damages for detention and the costs, if delivery can be had, and if delivery cannot be had, for the payment to him of such sum as may be recovered against the defendant for the value of the property at the time of the wrongful taking or detention, with interest thereon, as damages for such taking and detention, together with the costs of the action. If a return of the property is not so required, within three days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, unless it is claimed by an interpleader.
The defendant's undertaking shall include liability for costs, as provided in this section, only where the undertaking is given in actions instituted in the superior court. (C.C.P., s. 181; Code, s. 326; 1885, c. 50, s. 2; Rev., s. 795; 1911, c. 17; C.S., s. 836; 1961, c. 462.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-479 - Qualification and justification of defendant's sureties.

§ 1-479. Qualification and justification of defendant's sureties.
The qualification of the defendant's sureties, and their justification, is as prescribed in respect to bail upon an order of arrest. The defendant's sureties, upon notice to the plaintiff of not less than two nor more than six days, shall justify before the court or judge, and upon this justification the sheriff must deliver the property to the defendant. The sheriff is responsible for the defendant's sureties until justification is completed or expressly waived, and he may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he must deliver the property to the plaintiff. (C.C.P., ss. 182, 183; Code, ss. 327, 328; Rev., ss. 796, 797; C.S., s. 837; 1971, c. 268, s. 30.1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-480 - Property concealed in buildings.

§ 1-480. Property concealed in buildings.
If the property, or any part of it, is concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it is not delivered he must cause the building or enclosure to be broken open, and take the property into his possession. If necessary, he may call to his aid the power of his county, and if the property is upon the person the sheriff or other officer may seize the person, and search for and take it. (C.C.P., s. 184; Code, s. 329; Rev., s. 798; C.S., s. 838.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-481 - Care and delivery of seized property.

§ 1-481. Care and delivery of seized property.
When the sheriff has taken property, as provided in this Article, he must keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his lawful fees for taking and his necessary expenses for keeping the property, minus any amount received pursuant to G.S. 1-474(c). If the amount due under this section is less than the amount received pursuant to G.S. 1-474(c), then the sheriff shall return the excess amount to the depositor. In the event that a third party intervener is entitled to possession of the property, any amount received pursuant to G.S. 1-474(c) shall be returned to the depositor. (C.C.P., s. 185; Code, s. 330; Rev., s. 799; C.S., s. 839; 2015-55, s. 3(c).)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-482 - Property claimed by third person; proceedings.

§ 1-482. Property claimed by third person; proceedings.
When the property taken by the sheriff is claimed by any person other than the plaintiff or defendant the claimant may intervene upon filing an affidavit of his title and right to the possession of the property, stating the grounds of such right and title, and upon his delivering to the sheriff an undertaking in an amount double the value of the property specified in his affidavit, for the delivery of the property to the person entitled to it, and for the payment of all such costs and damages as may be awarded against him, this undertaking to be executed by one or more sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property. A copy of this undertaking and accompanying affidavit shall be served by the sheriff on the plaintiff and defendant at least 10 days before the return day of the summons in the action, when the court trying it shall order a jury to be impaneled to inquire in whom is the right to the property specified in plaintiff's complaint. The finding of the jury is conclusive as to the parties then in court, and the court shall adjudge accordingly, unless it is reversed upon appeal. However, this section shall not be construed to prevent any such intervener or third person from intervening and asserting his claim to the property, or any part thereof, without giving bond as herein required, where such intervener or other third person does not ask for possession of the property pending the trial of the issue. (1793, c. 389, s. 3, P.R.; R.C., c. 7, s. 10; C.C.P., s. 186; Code, s. 331; Rev., s. 800; 1913, c. 188; C.S., s. 840; 1933, c. 131; 1971, c. 268, s. 30.2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-483 - Delivery of property to intervener.

§ 1-483. Delivery of property to intervener.
Upon the filing by the claimant of the undertaking set forth in G.S. 1-482, the sheriff is not bound to keep the property, or to deliver it to the plaintiff; but may deliver it to the claimant, unless the plaintiff executes and delivers to him a similar undertaking to that required of claimant; and notwithstanding such claim, when so made, the sheriff may retain the property a reasonable time to demand such indemnity. (1793, c. 389, s. 3, P.R.; R.C., c. 7, s. 10; Code, s. 332; Rev., s. 801; C.S., s. 841.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-484 - Sheriff to return papers in 10 days.

§ 1-484. Sheriff to return papers in 10 days.
The sheriff must return the undertaking, notice and affidavit, with his proceedings thereon, to the court in which the action is pending within 10 days after taking the property mentioned therein. (C.C.P., s. 187; Code, s. 133; Rev., s. 802; C.S., s. 842.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 36 - Claim and Delivery. › § 1-484.1 - Remedy not exclusive.

§ 1-484.1. Remedy not exclusive.
The provisions of this Article shall not be construed to preclude the use of attachment or any other ancillary remedy (upon the terms and subject to the conditions provided by law for the exercise thereof) simultaneously with the remedy of claim and delivery. (1973, c. 472, s. 2.1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-485 - When preliminary injunction issued.

§ 1-485. When preliminary injunction issued.
A preliminary injunction may be issued by order in accordance with the provisions of this Article. The order may be made by any judge of the superior court or any judge of the district court authorized to hear in-chambers matters in the following cases, and shall be issued by the clerk of the court in which the action is required to be tried:
(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and this relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff; or,
(2) When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party to the litigation respecting the subject of the action, and tending to render the judgment ineffectual; or,
(3) When, during the pendency of an action, it appears by affidavit of any person that the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff. (C.C.P., ss. 188, 189; Code, ss. 334, 338; Rev., s. 806; C.S., s. 843; 1967, c. 954, s. 3; 1973, c. 66, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-486 - When solvent defendant restrained.

§ 1-486. When solvent defendant restrained.
In an application for an injunction to enjoin a trespass on land it is not necessary to allege the insolvency of the defendant when the trespass complained of is continuous in its nature, or is the cutting or destruction of timber trees. (1885, c. 401; Rev., s. 807; C.S., s. 844.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-487 - Timberlands, trial of title to.

§ 1-487. Timberlands, trial of title to.
In all actions to try title to timberlands, and for trespass thereon for cutting timber trees, when the court finds as a fact that there is a bona fide contention on both sides based upon evidence constituting a prima facie title, no order shall be made pending such action, permitting either party to cut said timber trees, except by consent, until the title to said land or timber trees is finally determined in the action. In all cases where the title to any timber or trees, or the right to cut and remove the same during a term of years, is claimed by any party to such action, and the fee of the soil or other estate in the land by another, whether party to the action or not, the time within which such timber or trees may be cut or removed by the party claiming the same, and all other rights acquired in connection therewith, shall not be affected or abridged, but the running of the term is suspended during the pendency of the action. (1901, c. 666, s. 1; 1903, c. 642; Rev., s. 808; C.S., s. 845.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-488 - When timber may be cut.

§ 1-488. When timber may be cut.
In any action specified in G.S. 1-487, when the judge finds as a fact that the contention of either party is not in good faith and is not based upon evidence constituting a prima facie title, upon motion of the other party, who may satisfy the court of the bona fides of his contention and who may produce evidence showing a prima facie title, the court may allow such party to cut the timber trees by giving bond as required by law. Nothing in this section affects the right of appeal, and when any party to such action has been enjoined, a sufficient bond must be required to cover all damages that may accrue to the party enjoined by reason of the injunction as now required by law. (1901, c. 666, ss. 2, 3; Rev., s. 809; C.S., s. 846.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-493 - What judges have jurisdiction.

§ 1-493. What judges have jurisdiction.
All judges of the superior court and judges of the district court authorized to hear in-chambers matters have jurisdiction to grant injunctions and issue restraining orders in all civil actions and proceedings pending in their respective divisions. (1876-7, c. 223, ss. 1, 2; 1879, c. 63, ss. 1, 3; Code, s. 335; Rev., s. 814; C.S., s. 851; 1971, c. 381, s. 12; 1973, c. 66, s. 2.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-494 - Before what judge returnable.

§ 1-494. Before what judge returnable.
All restraining orders and injunctions granted by any of the judges of the superior court shall be made returnable before the resident judge of the district, a special judge residing in the district, or any superior court judge assigned to hold court in the district where the civil action or special proceeding is pending, within 20 days from date of order. If a judge before whom the matter is returned fails, for any reason, to hear the motion and application, on the date set or within 10 days thereafter, any regular or special judge resident in, or assigned to hold the courts of, some adjoining district may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. This removal continues in force the motion and application or motion. This removal continues in force the motion and application theretofore granted till they can be heard and determined by the judge having jurisdiction.
All restraining orders and injunctions granted by any judge of the district court shall be made returnable before the judge granting such order or injunction or before the chief district judge or a district judge authorized to hear in-chambers matters in the district where the civil action is pending, within 20 days from the date of the order. If the judge before whom the matter is returned fails, for any reason, to hear the motion and application on the date set, or within 10 days thereafter, any district judge of the district authorized to hear in-chambers matters may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. (1876, c. 223, s. 2; 1879, c. 63, ss. 2, 3; 1881, c. 51; Code, s. 336; Rev., s. 815; C.S., s. 852; 1963, c. 1143; 1973, c. 66, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 37 - Injunction. › § 1-495 - Stipulation as to judge to hear.

§ 1-495. Stipulation as to judge to hear.
By a stipulation in writing, signed by all the parties to an application for an injunction order, or their attorneys, to the effect that the matter may be heard before a judge of the appropriate trial division designated in the stipulation, the judge before whom the restraining order is returnable by law, or who is by law the judge to hear the motion for an injunction order, shall, upon receipt of the stipulation forward it and all the papers to the judge designated, whose duty it then is to hear and decide the matter, and return all the papers to the court out of which they issued. (1883, c. 33; Code, s. 337; Rev., s. 816; C.S., s. 853; 1973, c. 66, s. 4.)