State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-75_8

§1‑75.8.  Jurisdiction in rem or quasi in rem – Grounds for generally.

A court of this State havingjurisdiction of the subject matter may exercise jurisdiction in rem or quasiin rem on the grounds stated in this section.  A judgment in rem or quasi in remmay affect the interests of a defendant in a status, property or thing actedupon only if process has been served upon the defendant pursuant to Rule 4(k)of the Rules of Civil Procedure.  Jurisdiction in rem or quasi in rem may beinvoked in any of the following cases:

(1)        When the subject ofthe action is real or personal property in this State and the defendant has orclaims any lien or interest therein, or the relief demanded consists wholly orpartially in excluding the defendant from any interest or lien therein.  Thissubdivision shall apply whether any such defendant is known or unknown.

(2)        When the action isto foreclose, redeem from or satisfy a deed of trust, mortgage, claim or lienupon real or personal property in this State.

(3)        When the action isfor a divorce or for annulment of marriage of a resident of this State.

(4)        When the defendanthas property within this State which has been attached or has a debtor withinthe State who has been garnished.  Jurisdiction under this subdivision may beindependent of or supplementary to jurisdiction acquired under subdivisions(1), (2) and (3) of this section.

(5)        In any other actionin which in rem or quasi in rem jurisdiction may be constitutionally exercised.(1967, c. 954, s. 2.)