1-339.50. Officer's return of no sale for want of bidders; penalty.
When a sheriff or other officer returns upon an execution that he has made no sale for want of bidders, he must state in his return the several places he has advertised and offered for sale the property levied on; and an officer failing to make such statement is on motion subject to a fine of forty dollars, for the use and benefit of the plaintiff in the execution; for which, on motion of the plaintiff, judgment shall be granted by the court to which, or by justice to whom, the execution shall be returned. Nothing in, nor any recovery under, this section is a bar to any action for a false return against the sheriff or other officer. (1815, c. 887, P.R.; R.C., c. 45, s. 19; Code, s. 462; Rev., s. 650; C.S., s. 697; 1949, c. 719, s. 2; 1995, c. 379, s. 14(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 29B - Execution Sales.
§ 1-339.42 - Clerk's authority to fix procedural details.
§ 1-339.43 - Days on which sale may be held.
§ 1-339.45 - Presence of personal property at sale required.
§ 1-339.46 - Sale as a whole or in parts.
§ 1-339.47 - Sale to be made for cash.
§ 1-339.48 - Life of execution.
§ 1-339.49 - Penalty for selling contrary to law.
§ 1-339.50 - Officer's return of no sale for want of bidders; penalty.
§ 1-339.51 - Contents of notice of sale.
§ 1-339.52 - Posting and publishing notice of sale of real property.
§ 1-339.53 - Posting notice of sale of personal property.
§ 1-339.54 - Notice to judgment debtor of sale of real property.
§ 1-339.55 - Notification of Governor and Attorney General.
§ 1-339.56 - Exception; perishable property.
§ 1-339.57 - Satisfaction of judgment before sale completed.
§ 1-339.58 - Postponement of sale.
§ 1-339.59 - Procedure upon dissolution of order restraining or enjoining sale.
§ 1-339.61 - Continuance of uncompleted sale.
§ 1-339.62 - Delivery of personal property; bill of sale.
§ 1-339.64 - Upset bid on real property; compliance bond.
§ 1-339.65 - Separate upset bids when real property sold in parts; subsequent procedure.
§ 1-339.66A - Ordering resale of real property after upset bid.
§ 1-339.67 - Confirmation of sale of real property.
§ 1-339.68 - Deed for real property sold; property subject to liens; orders for possession.
§ 1-339.69 - Failure of bidder to comply with bid; resale.
§ 1-339.70 - Disposition of proceeds of sale.
§ 1-339.71 - Special proceeding to determine ownership of surplus.