State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_28C > GS_28C-3

§28C‑3.  Procedure on complaint.

Upon the filing of thecomplaint referred to in G.S. 28C‑2, the judge may for cause shownappoint a temporary receiver to take charge of the property of the absentee toconserve it pending hearing  on the complaint. Such temporary receiver shallqualify by giving bond in an amount and with surety approved by the judge andshall exercise only the powers specified by the judge. Within 30 days after thedate of his appointment, he shall file an inventory of the property taken incharge. If a permanent receiver is appointed, the temporary receiver shalltransfer and deliver to the permanent receiver all property in his custody andcontrol, less such only as may be necessary to cover his expenses andcompensation as allowed by the judge, and shall file his final account, andupon its approval be discharged. If the prayer for a permanent receiver isdenied, the temporary receiver shall transfer and deliver to those entitledthereto all property in his custody and control less such only as may benecessary to cover his expenses and compensation as allowed by the judge, andshall file his final account, and upon its approval be discharged. If theprayer for a permanent receiver is denied the expenses and compensation of thetemporary receiver may in the discretion of the judge be taxed as costs of theaction to be paid by the complainant, but if the judge finds that the complaintwas brought in good faith and upon reasonable grounds, he may charge such costsagainst the property of the absentee. (1965, c. 815, s. 1; 1973, c.1329, s. 2.)