State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-502

§1‑502.  In what cases appointed.

A receiver may be appointed –

(1)        Before judgment, onthe application of either party, when he establishes an apparent right toproperty which is the subject of the action and in the possession of an adverseparty, and the property or its rents and profits are in danger of being lost,or materially injured or impaired; except in cases where judgment upon failureto answer may be had on application to the court.

(2)        After judgment, tocarry the judgment into effect.

(3)        After judgment, todispose of the property according to the judgment, or to preserve it during thependency of an appeal, or when an execution has been returned unsatisfied, andthe judgment debtor refuses to apply his property in satisfaction of the judgment.

(4)        In cases provided inG.S. 1‑507.1 and in like cases, of the property within this State offoreign corporations.

(5)        In cases whereinrestitution is sought for violations of G.S. 75‑1.1.

(6)        In cases involvingpartition of real property, pursuant to G.S. 46‑3.1.

The provisions of G.S. 1‑507.1through 1‑507.11 are applicable, as near as may be, to receiversappointed hereunder. (C.C.P., s. 215;  1876‑7, c. 223; 1879, c. 63;1881, c. 51; Code, s. 379; Rev., s. 847; C.S., s. 860; 1955, c. 1371, s. 3;1973, c. 614, s. 3; 1981, c. 584, s. 2.)