State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-311

§1‑311.  Against the person.

If the action is one in whichthe defendant might have been arrested, an execution against the person of thejudgment debtor may be issued to any county within the State, after the returnof an execution against his property wholly or partly unsatisfied. But noexecution shall issue against the person of a judgment debtor, unless  an orderof arrest has been served, as provided in the Article Arrest  and Bail, orunless the complaint contains a statement of facts showing one or more of thecauses of arrest required by law, whether such statement of facts is necessaryto the cause of action or not. Provided, that where the facts are found by ajury, the verdict shall  contain a finding of facts establishing the right toexecution against the person; and where jury trial is waived and the courtfinds the facts, the court shall find facts establishing the right toexecution  against the person. Such findings of fact shall include a findingthat the defendant either (i) is about to flee the jurisdiction to avoid payinghis creditors, (ii) has concealed or diverted assets in fraud of his creditors,or (iii) will do so unless immediately detained. If defendant appears at thehearing on the debt and the judge has reason to believe that the defendant isindigent, he shall inform the defendant that if he is an indigent person he isentitled to services of counsel under G.S. 7A‑451, that he may petitionfor preliminary release on the basis of his indigency, that if he does so hewill have an opportunity within 72 hours to suggest to a judge his indigencyfor purposes of appointment of counsel and provisional release, and that thejudge will thereupon immediately appoint counsel for him if it is adjudged thathe is unable to pay a lawyer. If defendant appears at the hearing on the debtand the judge provisionally concludes he is indigent, counsel should beappointed immediately pursuant to rules adopted by the Office of IndigentDefense Services. (C.C.P., s. 260; Code, s. 447; 1891, c. 541, s. 2;Rev., s. 625; C.S., s. 673; 1947, c. 781; 1977, c. 649, s. 1; 2000‑144,s. 14.)