Last Review
Last Update

Statutes

"Attachment may be had in any action the purpose is to secure a judgment for money, or in any action for alimony or for maintenance and support, or an action for the support of a minor child, but not in any other action. N.C. Gen. Stat. § 1-440.2

Before the court issues an order of attachment, the plaintiff must furnish a bond of at least $200. N.C. Gen. Stat. § 1-440.10

To secure an order of attachment, the plaintiff, or his agent or attorney, must file an affidavit containing specified information. N.C. Gen. Stat. § 1-440.11

An order of attachment may be issued when the defendant is:
(1) A nonresident, or
(2) A foreign corporation, or
(3) A domestic corporation, whose president, vice‑president, secretary or
treasurer cannot be found in the State after due diligence, or
(4) A resident of the State who, with intent to defraud his creditors or to avoid service of summons, has departed, or is about to depar
t, from the State, or keeps himself concealed therein, or (5) A person or domestic corporation which, with intent to defraud his or its creditors, has removed, or is about to remove, property from this State, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, property N.C. Gen. Stat. § 1-440.3"

Cases

Comments

“All of a defendant's property within this State which is subject to levy under execution, or which in supplemental proceedings in aid of execution is subject to the satisfaction of a judgment for money, is subject to attachment . . . .” N.C. Gen. Stat. § 1-440.4 (2012).

Contributors

Bryon Saintsing, Esq. Tom Gray, Esq.
Smith Debnam Narron Drake Saintsing & Myers, LLP

The statutory information was edited and reviewed with the support of MultiState

Become a Content Contributor

The State Law Compendium is made possible through the cooperation, dedication and ongoing efforts of attorney’s who provide and update its statues, cases and comments. Attorneys who would like to volunteer to develop or update compendium content are welcome to contact us to learn more.