1-440.16. Sheriff's return.
(a) After the sheriff has executed an order of attachment, he shall promptly make a written return showing all property levied upon by him and the date of such levy. In such return, he shall describe the property levied upon in sufficient detail to identify the property clearly. The sheriff forthwith shall deliver the order of attachment, together with his return, to the court in which the action is pending.
(b) If garnishment process is issued, as provided by G.S. 1-440.23 and 1-440.24, the sheriff shall include in his return a report of his proceedings with respect to such garnishment and shall return to the court the original process issued to the garnishee.
(c) If the sheriff makes no levy within 10 days after the issuance of the order of attachment, he forthwith shall deliver to the court, in which the action is pending, the order, and any other process relating thereto, together with his return showing that no levy has been made and the reason therefor. (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§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.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.