State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_29

§1‑440.29.  Denial of claim by garnishee; issues of fact.

(a)        In addition to anyother instances when issues of fact arise in a garnishment proceeding, issuesof fact arise

(1)        When a garnisheefiles an answer such that the court cannot determine therefrom whether thegarnishee intends to admit or deny that he is indebted to, or has in hispossession any property of, the defendant, or

(2)        When a garnisheefiles an answer denying that he is indebted to, or has in his possession anyproperty of, the defendant, or was indebted to, or had in his possession anyproperty of, the defendant at the time of the service of the summons upon himor at any time since then, and the plaintiff, within 20 days thereafter, filesa reply alleging the contrary.

(b)        When a jury findsthat the garnishee owes the defendant a specific sum of money or has in hispossession property of the defendant of a specific value, or owed the defendanta specific sum of money or had in his possession property of the defendant of aspecific value at the time of the service of the summons upon him or at anytime since then, the court shall enter judgment against the garnishee for thesmaller of the two following amounts:

(1)        The amount specifiedin the jury's verdict, or

(2)        The full amount forwhich the plaintiff has prayed judgment against the defendant, together withsuch amount as in the opinion of the clerk will be sufficient to cover theplaintiff's costs. (1947, c. 693, s. 1.)