1-440.24. Form of notice of levy in garnishment proceeding.
The notice of levy to be served on the garnishee shall be substantially in the following form:
By virtue of the authority contained in an order of attachment issued by the Superior Court of ______ County and directed to me, I hereby levy upon any and all property that you have or hold in your possession for the account, use, or benefit of the defendant, and upon all debts owed by you to the defendant.
You are notified that a lien is hereby created on all the tangible property of the defendant in your possession, and that if you surrender the possession of, or transfer to anyone, any property belonging to the defendant, or if you pay any debt you owe the defendant, unless the same is delivered or paid to me or to the court for such proper disposition as the court may determine, you will be subject to punishment as for contempt, and that judgment may be rendered against you for the value of such property not exceeding the full amount of plaintiff's claim and costs of the action.
This the ____ day of _____, ___
___________________________
(1947, c. 693, s. 1; 1999-456, s. 59.)
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§ 1-440 - Superseded by Session Laws 1947, c693, codified as § 1- 440.1 et seq.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.