State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_1

§1‑440.1.  Nature of attachment.

(a)        Attachment is aproceeding ancillary to a pending principal action, is in the nature of apreliminary execution against property, and is intended to bring property of adefendant within the legal custody of the court in order that it maysubsequently be applied to the satisfaction of any judgment for money which maybe rendered against the defendant in the principal action.

(b)        No personaljudgment, even for costs, may be rendered against a defendant unless personaljurisdiction has been acquired as provided in G.S. 1‑75.3.

(c)        Although there isno personal service on the defendant, or on an agent for him, and although hedoes not make a general appearance, judgment may be rendered in an action inwhich property of the defendant has been attached which judgment shall providefor the application of the attached property, by the method set out in G.S. 1‑440.46, to the satisfaction of the plaintiff's claim as established in theprincipal action. If plaintiff's claim is not thereby satisfied in full,subsequent actions for the unsatisfied balance are not barred. (1947,c. 693, s. 1; 1967, c. 954, s. 3.)