State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-440_7

§1‑440.7.  Time within which service of summons or service by publicationmust be had.

(a)        When an order ofattachment is issued before the summons is served.

(1)        If personal servicewithin the State is to be had, such personal service must be had within 30 daysafter the issuance of the order of attachment;

(2)        If such personalservice within the State is not to be had,

a.         Service of thesummons outside the State, in the manner provided by Rule 4(j)(9)a or b of theRules of Civil Procedure, must be had within 30 days after the issuance of theorder of attachment, or

b.         Service bypublication must be commenced not later than the thirty‑first day afterthe issuance of the order of attachment. If publication is commenced, suchpublication must be completed as provided by Rule 4(j)(9)c of the Rules ofCivil Procedure unless the defendant appears in the action or unless personalservice is had on him within the State.

(b)        Upon failure ofcompliance with the applicable provisions of subsection (a) of this section,either the clerk or the judge shall, upon the motion of the defendant or anyother interested party, make an order dissolving the attachment, and thedefendant shall have all the rights that would accrue to him under theprovisions of G.S. 1‑440.45, the same as if the principal action had beenprosecuted to judgment and the defendant had prevailed therein. (1947,c. 693, s. 1; 1967, c. 954, s. 3; 1971, c. 1093, ss. 14, 15.)