North Carolina General Statutes 1-440.12. Order of attachment; form and contents
(a) If the matters required by N.C. Gen. Stat. § 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by N.C. Gen. Stat. § 1-440.10 is furnished, the court shall issue an order of attachment which shall
(1) Show the venue, the court in which the action has been, or is being, commenced, and the title of the action;
Terms Used In North Carolina General Statutes 1-440.12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Venue: The geographical location in which a case is tried.
(2) Run in the name of the State and be directed to the sheriff of a designated county;
(3) State that an affidavit for the attachment of the defendant‘s property has been filed with the court in the action, that the required attachment bond has been executed and delivered to the court and that it has been made to appear to the satisfaction of the court that the allegations of the plaintiff‘s affidavit for attachment are true;
(4) Direct the sheriff to attach and safely keep all of the property of the defendant within the sheriff’s county which is subject to attachment, or so much thereof as is sufficient to satisfy the plaintiff’s demand, together with costs and expenses;
(5) Direct that the order of attachment be returned to the clerk of the court in which the action is pending;
(6) Show the date of issuance; and
(7) Be signed by clerk or the judge issuing the order.
(b) The order of attachment shall not contain a return date, but shall be returned to the clerk as provided by N.C. Gen. Stat. § 1-440.16 (1947, c. 693, s. 1.)