State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_27

§1‑440.27.  Failure of garnishee to appear.

(a)        When a garnishee,after being duly summoned, fails to file a verified answer as required, theclerk of the court shall enter a conditional judgment for the plaintiff againstthe garnishee for the full amount for which the plaintiff shall have prayedjudgment against the defendant, together with such amount as in the opinion ofthe clerk will be sufficient to cover the plaintiff's costs.

(b)        The clerk shallthereupon issue a notice to the garnishee requiring him to appear not laterthan 10 days after the date of service of the notice, and show cause why theconditional judgment shall not be made final. If, after service of such notice,the garnishee fails to appear within the time named and file a verified answerto the summons to the garnishee, or if such notice cannot be served upon thegarnishee because he cannot be found within the county where the originalsummons to such garnishee was served, then in either such event, the clerkshall make the conditional judgment final. (1947, c. 693, s. 1.)