State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_11

§1‑440.11.  Affidavit for attachment; amendment.

(a)        To secure an orderof attachment, the plaintiff, or his agent or attorney in his behalf, muststate by affidavit

(1)        In every case:

a.         The plaintiff hascommenced or is about to commence an action, the purpose of which, in whole orin part, or in the alternative, is to secure a judgment for money, and theamount thereof,

b.         The nature of suchaction, and

c.         The ground orgrounds for attachment (one or more of those stated in G.S. 1‑440.3); and

(2)        In those casesdescribed below, the additional facts indicated:

a.         If the action isbased on breach of contract, that the plaintiff is entitled to recover theamount for which judgment is sought over and above all counterclaims known tohim;

b.         If it is alleged asa ground for attachment that the defendant has done, or is about to do, any actwith intent to defraud his creditors, the facts and circumstances supportingsuch allegation.

(b)        A verifiedcomplaint may be used as the affidavit required by this section.

(c)        The court, in itsdiscretion, at any time before judgment in the principal action, may allow anysuch affidavit to be amended even  though the original affidavit is whollyinsufficient.

(d)        An amendment of aninsufficient affidavit of attachment relates to the beginning of the attachmentproceeding, and no rights based on such irregularity can be required by anythird party by any subsequent attachment intervening between the originalaffidavit and the amendment. (1947, c. 693, s. 1.)