§ 1-440.12. Order of attachment; form and contents.

254 words·~1 min read·/nc/chapter-1/1-440-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S. 1-440.10 is furnished, the court shall issue an order of attachment which shall

(1)Show the venue, the court in which the action has been, or is being, commenced, and the title of the action;

(2)Run in the name of the State and be directed to the sheriff of a designated county;

(3)State that an affidavit for the attachment of the defendant's property has been filed with the court in the action, that the required attachment bond has been executed and delivered to the court and that it has been made to appear to the satisfaction of the court that the allegations of the plaintiff's affidavit for attachment are true;

(4)Direct the sheriff to attach and safely keep all of the property of the defendant within the sheriff's county which is subject to attachment, or so much thereof as is sufficient to satisfy the plaintiff's demand, together with costs and expenses;

(5)Direct that the order of attachment be returned to the clerk of the court in which the action is pending;

(6)Show the date of issuance; and

(7)Be signed by clerk or the judge issuing the order.

(b)The order of attachment shall not contain a return date, but shall be returned to the clerk as provided by G.S. 1-440.16. (1947, c. 693, s. 1.)