§ 1-440.34. Effect of defendant's death after levy.

150 words·~1 min read·/nc/chapter-1/1-440-34

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

(a)In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force

(1)If the cause of action set forth by the plaintiff in the principal action is one which survives, and

(2)If service is completed on the personal representative of the defendant within three months from the date of his qualification.

(b)If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant's personal representative in the regular course of administration. (1947, c. 693, s. 1.)