State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_44

§1‑440.44.  When attached property to be sold before judgment.

(a)        The sheriff shallapply to the clerk or to the judge for authority to sell property, or any shareor interest therein, seized pursuant to an order of attachment,

(1)        If the property isperishable, or

(2)        If the property isnot perishable, but

a.         Will materiallydeteriorate in value pending litigation, or

b.         Will likely costmore than one fifth of its value to keep  pending a final determination of theaction, and

c.         Is not dischargedfrom the attachment lien in the manner provided by G.S. 1‑440.39 withinten days after the seizure thereof.

(b)        If the court soorders, the property described in subsection (a) of this section shallthereupon be sold under the direction of the court unless the discharge of thesame is secured by the defendant or other person interested therein, in themanner provided by G.S. 1‑440.39, prior to such sale. The proceeds ofsuch sale shall be liable for any judgment obtained in the principal action andshall be retained by the sheriff to await such judgment. (1947,c. 693, s. 1.)