State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_15

Part 3.Execution of Order of Attachment; Garnishment.

§ 1‑440.15.  Method ofexecution.

(a)        The sheriff to whomthe order of attachment is directed shall note thereon the date of its deliveryto him and shall promptly  execute it by levying on the defendant's property asfollows:

(1)        The levy on realproperty shall be made as provided by G.S. 1‑440.17;

(2)        The levy on stock ina corporation shall be made as provided  by G.S. 1‑440.19;

(3)        The levy on goodsstored in a warehouse shall be made as provided by G.S. 1‑440.20;

(4)        The levy on tangiblepersonal property in the possession of the defendant shall, except as providedin G.S. 1‑440.19, be  made as provided by G.S. 1‑440.18;

(5)        The levy on tangiblepersonal property belonging to the defendant but not in his possession, or onany indebtedness to the defendant, or on any other intangible personal propertybelonging to the defendant, shall, except as provided by G.S. 1‑440.19and 1‑440.20, be made as provided by G.S. 1‑440.25 relating togarnishment.

(b)        The sheriff is notrequired to levy upon personal property before levying upon real property.

(c)        In order for thesheriff to make any levy, it is not necessary for him to deliver to thedefendant or any other person any copy of the order of attachment or any otherprocess except in the case of garnishment as provided by G.S. 1‑440.25. (1947,c. 693, s. 1.)