1-476. Sheriff's duties.
Upon the receipt of the order from the clerk with the plaintiff's undertaking and the fee deposit described in G.S. 1-474(c), the sheriff shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 834; 2015-55, s. 3(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 36 - Claim and Delivery.
§ 1-472 - Claim for delivery of personal property.
§ 1-473 - Affidavit and requisites.
§ 1-474 - Order of seizure and delivery to plaintiff.
§ 1-474.1 - Notice of hearing; waiver; permissible form of notice and waiver.
§ 1-475 - Plaintiff's undertaking.
§ 1-477 - Exceptions to undertaking; liability of sheriff.
§ 1-478 - Defendant's undertaking for replevy.
§ 1-479 - Qualification and justification of defendant's sureties.
§ 1-480 - Property concealed in buildings.
§ 1-481 - Care and delivery of seized property.
§ 1-482 - Property claimed by third person; proceedings.
§ 1-483 - Delivery of property to intervener.