95-76. Institution of foreign suit, etc., evidence of intent to violate.
In any civil or criminal action instituted in any court of competent jurisdiction in this State for any violation of the provisions of G.S. 95-73 and 95-74, proof of the institution or prosecution of any action, suit, or proceeding in violation of the provisions of G.S. 95-73, or the issuance of service therein of any warrant of attachment, notice, or garnishment or other like writ for the garnishment of earnings of the defendant therein, or of the payment by the garnishee therein of any final judgment rendered in any such action, suit, or proceeding shall be deemed prima facie evidence of the intent of the creditor or other holder of the debt sued upon to deprive such debtor of his personal earnings and property exempt from application to the payment of his debts under the laws of this State, in violation of the provisions of this Article. (1909, c. 504, s. 4; C.S., s. 6571.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 95 - Department of Labor and Labor Regulations
Article 9 - Earnings of Employees in Interstate Commerce.
§ 95-73 - Collections out of State to avoid exemptions forbidden.
§ 95-74 - Resident not to abet collection out of State.
§ 95-75 - Remedies for violation of § 95-73 or 95-74; damages; indictment.
§ 95-76 - Institution of foreign suit, etc., evidence of intent to violate.