State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_23

§1‑440.23.  Form of summons to garnishee.

The summons to garnishee shallbe substantially in the following form:

State of North Carolina                                                                      Inthe Superior Court

__________County

____________________,

Plaintiff,

vs.

____________________,                                                                 Summonsto Garnishee

Defendant,

and

____________________,

Garnishee.

To____________, Garnishee:

You are hereby summoned, as agarnishee of the defendant, ________, and required, within twenty days afterthe service of this summons upon you, to file a verified answer in the Officeof the Clerk of the Superior Court of the above named county, at________, NorthCarolina, showing –

(1)        Whether, at the timeof the service of this summons upon you, or at any time since then until thedate of your answer, you were indebted to the defendant or had any property ofhis in your possession and, if so, the amount and nature thereof; and

(2)        Whether, accordingto your knowledge, information or belief, any other person is indebted to thedefendant or has any property of the defendant in his possession and, if so,the name of each such person.

In case of your failure tofile such answer a conditional judgment will be rendered against you for thefull amount for which the plaintiff has prayed judgment against the defendant,together with such amount as will be sufficient to cover the plaintiff's costs.

This the ______day of________,_______

__________________________________

(Heredesignate Clerk Superior

Courtor Judge.)

 (1947, c. 693, s. 1; 1999‑456, s. 59.)