State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-339_70

§1‑339.70.  Disposition of proceeds of sale.

(a)        After deducting allsums due him on account of the sale, including the expenses incurred in caringfor the property so long as his responsibility for such care continued, thesheriff shall pay the proceeds of the sale to the clerk of the superior courtwho issued the execution, and the clerk shall furnish the sheriff a receipttherefor.

(b)        The clerk shallapply the proceeds of the sale so received to the payment of the judgment uponwhich the execution was issued.

(c)        Any surplus shallbe paid by the clerk to the person legally entitled thereto if the clerk knowswho such person is. If the clerk is in doubt as to who is entitled to thesurplus, or if adverse claims are asserted thereto, the clerk shall hold suchsurplus until rights thereto are established in a special proceeding pursuantto G.S. 1‑339.71. (1949, c. 719, s. 1.)