State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-474

§1‑474.  Order of seizure and delivery to plaintiff.

(a)        Order. – The clerkof court may, upon notice and hearing as provided in G.S. 1‑474.1 andupon the giving by the plaintiff of the undertaking prescribed in G.S. 1‑475,require the sheriff of the county where the property claimed is located to takethe property from the defendant and deliver it to the plaintiff. The act of theclerk in issuing or refusing to issue the order to the sheriff is a judicialact and may be appealed pursuant to G.S. 1‑301.1 to the judge of thedistrict or superior court having jurisdiction of the principal action.

(b)        Expiration ofCertain Orders. – When delivery of property is claimed from a debtor whoallegedly defaulted on his payments for personal property purchased under aconditional sale contract, a purchase money security agreement or on a loansecured by personal property, an order of seizure and delivery to the plaintifffor that property expires 60 days after it is issued. (C.C.P.,s. 178; Code, s. 323; Rev., s. 792; C.S., s. 832; 1973, c. 472, s. 1; 1985, c.736; 1999‑216, s. 6.)