State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_12

§1‑440.12.  Order of attachment; form and contents.

(a)        If the mattersrequired by G.S. 1‑440.11(a) are shown by affidavit to the satisfactionof the court and if the bond required by G.S. 1‑440.10 is furnished, thecourt shall issue an order of attachment which shall

(1)        Show the venue, thecourt in which the action has been, or is being, commenced, and the title ofthe action;

(2)        Run in the name ofthe State and be directed to the sheriff of a designated county;

(3)        State that anaffidavit for the attachment of the defendant's property has been filed withthe court in the action, that the required attachment bond has been executedand delivered  to the court and that it has been made to appear to thesatisfaction of the court that the allegations of the plaintiff's affidavit forattachment are true;

(4)        Direct the sheriffto attach and safely keep all of the property of the defendant within thesheriff's county which is subject to attachment, or so much thereof as issufficient to satisfy the plaintiff's demand, together with costs and expenses;

(5)        Direct that theorder of attachment be returned to the clerk  of the court in which the actionis pending;

(6)        Show the date ofissuance; and

(7)        Be signed by clerkor the judge issuing the order.

(b)        The order ofattachment shall not contain a return date, but  shall be returned to the clerkas provided by G.S. 1‑440.16. (1947, c. 693, s. 1.)