State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_34

§1‑440.34.  Effect of defendant's death after levy.

(a)        In case of thedeath of the defendant, after the issuance of an order of attachment and aftera levy is made thereunder but before service of summons is had or before anappearance is entered in the principal action, the levy shall remain in force

(1)        If the cause ofaction set forth by the plaintiff in the principal action is one whichsurvives, and

(2)        If service iscompleted on the personal representative of the defendant within three monthsfrom the date of his qualification.

(b)        If a levy has beenmade upon real property and the defendant  dies before such real property issold pursuant to the attachment, the lien of the attachment shall continue butthe judgment may be enforced only through the defendant's personalrepresentative in the regular course of administration. (1947,c. 693, s. 1.)