1-440.12. Order of attachment; form and contents.
(a) If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S. 1-440.10 is furnished, the court shall issue an order of attachment which shall
(1) Show the venue, the court in which the action has been, or is being, commenced, and the title of the action;
(2) Run in the name of the State and be directed to the sheriff of a designated county;
(3) State that an affidavit for the attachment of the defendant's property has been filed with the court in the action, that the required attachment bond has been executed and delivered to the court and that it has been made to appear to the satisfaction of the court that the allegations of the plaintiff's affidavit for attachment are true;
(4) Direct the sheriff to attach and safely keep all of the property of the defendant within the sheriff's county which is subject to attachment, or so much thereof as is sufficient to satisfy the plaintiff's demand, together with costs and expenses;
(5) Direct that the order of attachment be returned to the clerk of the court in which the action is pending;
(6) Show the date of issuance; and
(7) Be signed by clerk or the judge issuing the order.
(b) The order of attachment shall not contain a return date, but shall be returned to the clerk as provided by G.S. 1-440.16. (1947, c. 693, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.
§ 1-440.1 - Nature of attachment.
§ 1-440.2 - Actions in which attachment may be had.
§ 1-440.3 - Grounds for attachment.
§ 1-440.4 - Property subject to attachment.
§ 1-440.5 - By whom order issued; when and where; filing of bond and affidavit.
§ 1-440.6 - Time of issuance with reference to summons or service by publication.
§ 1-440.7 - Time within which service of summons or service by publication must be had.
§ 1-440.8 - General provisions relative to bonds.
§ 1-440.9 - Authority of court to fix procedural details.
§ 1-440.10 - Bond for attachment.
§ 1-440.11 - Affidavit for attachment; amendment.
§ 1-440.12 - Order of attachment; form and contents.
§ 1-440.13 - Additional orders of attachment at time of original order; alias and pluries orders.
§ 1-440.14 - Notice of issuance of order of attachment when no personal service.
§ 1-440.15 - Method of execution.
§ 1-440.16 - Sheriff's return.
§ 1-440.17 - Levy on real property.
§ 1-440.18 - Levy on tangible personal property in defendant's possession.
§ 1-440.19 - Levy on stock in corporation.
§ 1-440.20 - Levy on goods in warehouses.
§ 1-440.21 - Nature of garnishment.
§ 1-440.22 - Issuance of summons to garnishee.
§ 1-440.23 - Form of summons to garnishee.
§ 1-440.24 - Form of notice of levy in garnishment proceeding.
§ 1-440.25 - Levy upon debt owed by, or property in possession of, the garnishee.
§ 1-440.26 - To whom garnishment process may be delivered when garnishee is corporation.
§ 1-440.27 - Failure of garnishee to appear.
§ 1-440.28 - Admission by garnishee; setoff; lien.
§ 1-440.29 - Denial of claim by garnishee; issues of fact.
§ 1-440.30 - Time of jury trial.
§ 1-440.31 - Payment to defendant by garnishee.
§ 1-440.32 - Execution against garnishee.
§ 1-440.33 - When lien of attachment begins; priority of liens.
§ 1-440.34 - Effect of defendant's death after levy.
§ 1-440.35 - Sheriff's liability for care of attached property; expense of care.
§ 1-440.36 - Dissolution of the order of attachment.
§ 1-440.37 - Modification of the order of attachment.
§ 1-440.38 - Stay of order dissolving or modifying an order of attachment.
§ 1-440.39 - Discharge of attachment upon giving bond.
§ 1-440.40 - Defendant's objection to bond or surety.
§ 1-440.41 - Defendant's remedies not exclusive.
§ 1-440.43 - Remedies of third person claiming attached property or interest therein.
§ 1-440.44 - When attached property to be sold before judgment.
§ 1-440.45 - When defendant prevails in principal action.