State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_32

§1‑440.32.  Execution against garnishee.

(a)        Pursuant to ajudgment against a garnishee, execution may be issued against such garnisheeprior to judgment against the defendant in the principal action. The court mayissue such execution  without notice or hearing. All property seized pursuantto such execution shall be held subject to the order of the court pendingjudgment in the principal action.

(b)        The court, pendingjudgment in the principal action, may permit the property to remain in thegarnishee's possession upon the garnishee's giving a bond in the same mannerand on the same conditions as is provided by G.S. 1‑440.39 with respectto the discharge of an attachment by the defendant. (1947, c. 693, s. 1.)