State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-364

§1‑364.  Filing and record of appointment; property vests in receiver.

When the court or a judgegrants an order for the appointment of a receiver of the property of thejudgment debtor, it shall be filed in the office of the clerk of the superiorcourt of the county where the judgment roll in the action or transcript ofjudgment, upon which the proceedings are taken, is filed; and the clerk shallrecord the order in a book to be kept for that purpose in his office, to becalled Book of Orders Appointing Receivers of Judgment Debtors, and shall notethe time of its filing therein. A certified copy of the order shall bedelivered to the receiver named therein, and he is vested with the property andeffects of the judgment debtor from the time of the service of the restrainingorder, if such restraining order has been made, and if not, from the time ofthe filing and recording of the order for the appointment of a receiver. Thereceiver of the judgment debtor is subject to the direction and control of thecourt in which the judgment was obtained upon which the proceedings arefounded. (C.C.P., s. 270; 1870‑1, c. 245; Code, s. 495;Rev., s. 680; C.S., s. 723; 1971, c. 268, s. 22.)