State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_33

Part 4.Relating to Attached Property.

§ 1‑440.33.  When lienof attachment begins; priority of liens.

(a)        Upon securing theissuance of an order of attachment, a plaintiff may cause notice of theissuance of the order to be filed with the clerk of the court of any county inwhich the plaintiff believes that the defendant has real property which issubject to levy pursuant to such order of attachment. Upon receipt of suchnotice the clerk shall promptly docket the same on the lis pendens docket.

(b)        When the clerkreceives from the sheriff a certificate of levy on real property as provided byG.S. 1‑440.17, the clerk shall promptly note the levy on his judgmentdocket and index the same. When the levy is thus docketed and indexed,

(1)        The lien attachesand relates back to the time of the filing of the notice of lis pendens if theplaintiff has prior to the levy caused notice of the issuance of the order ofattachment to be properly entered on the lis pendens docket of the county inwhich the land lies, as provided by subsection (a)  of this section.

(2)        The lien attachesonly from the time of the docketing of the  certificate of levy if no entry ofthe issuance of the order of attachment has been made prior to the levy on thelis pendens docket of the county in which the land lies.

(c)        A levy on tangiblepersonal property of the defendant in the  hands of the garnishee, when made inthe manner provided by G.S. 1‑440.25, creates a lien on the property thuslevied on from the time of such levy.

(d)        If more than oneorder of attachment is served with respect to  property in possession of thedefendant or is served upon a garnishee, the priority of the order of the liensis the same as the order in which the attachments were levied, subject to theprovisions of subsection (b) of this section, relating to the time when a lienof attachment begins with respect to real property.

(e)        If two or moreorders of attachment are served simultaneously,  liens attach simultaneously,subject to the provisions of subsection (b) of this section, relating to thetime when a lien of attachment begins with respect to real property.

(f)         If the fundsderived from the attachment of property on which liens become effectivesimultaneously are insufficient to pay the judgments in full of thesimultaneously attaching creditors who have liens which begin simultaneously,such funds are prorated among such creditors according to the amount of theindebtedness of the defendant to each of them, respectively, as establishedupon the trial.

(g)        If more than oneorder of attachment is served on a garnishee,  the court from which the firstorder of attachment was issued shall, upon motion of the garnishee or of any ofthe attaching creditors, make parties to the action all of the attachingcreditors, who are not already parties thereto in order that any questions ofpriority among  the attaching creditors may be determined in that action and inthat court. (1947, c. 693, § 1.)