§ 1-440.7. Time within which service of summons or service by publication must be had.

258 words·~1 min read·/nc/chapter-1/1-440-7

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

(a)When an order of attachment is issued before the summons is served.

(1)If personal service within the State is to be had, such personal service must be had within 30 days after the issuance of the order of attachment;

(2)If such personal service within the State is not to be had,

a. Service of the summons outside the State, in the manner provided by Rule 4(j)(9)a or b of the Rules of Civil Procedure, must be had within 30 days after the issuance of the order of attachment, or

b. Service by publication must be commenced not later than the thirty-first day after the issuance of the order of attachment. If publication is commenced, such publication must be completed as provided by Rule 4(j)(9)c of the Rules of Civil Procedure unless the defendant appears in the action or unless personal service is had on him within the State.

(b)Upon failure of compliance with the applicable provisions of subsection

(a)of this section, either the clerk or the judge shall, upon the motion of the defendant or any other interested party, make an order dissolving the attachment, and the defendant shall have all the rights that would accrue to him under the provisions of G.S. 1-440.45, the same as if the principal action had been prosecuted to judgment and the defendant had prevailed therein. (1947, c. 693, s. 1; 1967, c. 954, s. 3; 1971, c. 1093, ss. 14, 15.)