State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-355

§1‑355.  Debtor leaving State, or concealing himself, arrested; bond.

Instead of the order requiringthe attendance of the judgment debtor, the court or judge may, upon proof byaffidavit or otherwise to his satisfaction that there is danger of the debtorleaving the State or concealing himself, and that there is reason to believethat he has property which he unjustly refuses to apply to the judgment, issuea warrant requiring the sheriff of any county where such debtor is to arresthim and bring him before the court or judge. Upon being brought before thecourt or judge, the debtor may be examined on oath, and, if it appears thatthere is danger of his leaving the State, and that he has property which he hasunjustly refused to apply to the judgment, he shall be ordered to enter into anundertaking, with one or more sureties, that he will, from time to time, attendbefore the court or judge as directed, and that he will not, during thependency of the proceedings, dispose of any property not exempt from execution.In default of entering into such undertaking, he may be committed to prison bywarrant of the court or judge, as for contempt. (1868‑9, c. 148, s. 4;c. 277, s. 8; Code, s. 488, subsec. 4; Rev., s. 671; C.S., s. 714.)