1-440.15. Method of execution.
(a) The sheriff to whom the order of attachment is directed shall note thereon the date of its delivery to him and shall promptly execute it by levying on the defendant's property as follows:
(1) The levy on real property shall be made as provided by G.S. 1-440.17;
(2) The levy on stock in a corporation shall be made as provided by G.S. 1-440.19;
(3) The levy on goods stored in a warehouse shall be made as provided by G.S. 1-440.20;
(4) The levy on tangible personal property in the possession of the defendant shall, except as provided in G.S. 1-440.19, be made as provided by G.S. 1-440.18;
(5) The levy on tangible personal property belonging to the defendant but not in his possession, or on any indebtedness to the defendant, or on any other intangible personal property belonging to the defendant, shall, except as provided by G.S. 1-440.19 and 1-440.20, be made as provided by G.S. 1-440.25 relating to garnishment.
(b) The sheriff is not required to levy upon personal property before levying upon real property.
(c) In order for the sheriff to make any levy, it is not necessary for him to deliver to the defendant or any other person any copy of the order of attachment or any other process except in the case of garnishment as provided by G.S. 1-440.25. (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§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.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.