State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_42

§1‑440.42.  Plaintiff's objection to bond or surety; failure to complywith order to furnish increased or new bond.

(a)        At any time beforejudgment in the principal action, on motion of the plaintiff, the clerk orjudge may, if he deems it necessary in order to provide adequate protection,require an increase in the amount of the bond previously given by or requiredof any defendant, garnishee or intervenor.

(b)        At any time beforejudgment in the principal action the plaintiff may except to any surety uponany bond given by any defendant, garnishee or intervenor pursuant to theprovisions of this Article, in which case the surety shall be required tojustify, and the procedure with respect thereto shall be as is prescribed forthe justification of bail in arrest and bail proceedings.

(c)        Upon failure of adefendant, garnishee or intervenor to comply  with an order requiring anincrease in the amount of a bond previously given, or upon failure to complywith an order requiring a new bond when the surety on the previous bond isunsatisfactory, the court may, in addition to any other action with respectthereto, issue an order of attachment directing the sheriff to seize and takeinto his possession property released upon the giving of the previous bond, ifthe person failing to comply with the order still has possession of the same.Such property when retaken into his possession by the sheriff shall be subjectto all the provisions of this Article relating to attached property. (1947,c. 693, s. 1.)