1-360. Debtors of judgment debtor may be summoned.
Upon the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars ($10.00), the court or judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specified time and place, and answer concerning the same; provided, however, that such inquiries may, in the discretion of the court, be answered by such person or corporation, or any officers or members thereof, by verified answers to interrogatories. The court or judge may also, in its or his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. (C.C.P., s. 266; 1869-70, c. 79, s. 2; 1870-1, c. 245; Code, s. 490; Rev., s. 675; C.S., s. 719; 1989, c. 683; 1991, c. 426, s. 1; 1995, c. 257, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 31 - Supplemental Proceedings.
§ 1-352 - Execution unsatisfied, debtor ordered to answer.
§ 1-352.1 - Interrogatories to discover assets.
§ 1-352.2 - Additional method of discovering assets.
§ 1-353 - Property withheld from execution; proceedings.
§ 1-354 - Proceedings against joint debtors.
§ 1-355 - Debtor leaving State, or concealing himself, arrested; bond.
§ 1-356 - Examination of parties and witnesses.
§ 1-357 - Incriminating answers not privileged; not used in criminal proceedings.
§ 1-358 - Disposition of property forbidden.
§ 1-359 - Debtors of judgment debtor may satisfy execution.
§ 1-360 - Debtors of judgment debtor may be summoned.
§ 1-360.1 - Execution on the property of debtors of judgment debtor.
§ 1-361 - Where proceedings instituted and defendant examined.
§ 1-362 - Debtor's property ordered sold.
§ 1-364 - Filing and record of appointment; property vests in receiver.
§ 1-365 - Where order of appointment recorded.