North Carolina General Statutes 1-440.15. Method of execution
(a) The sheriff to whom the order of attachment is directed shall note thereon the date of its delivery to him and shall promptly execute it by levying on the defendant‘s property as follows:
(1) The levy on real property shall be made as provided by N.C. Gen. Stat. § 1-440.17;
Terms Used In North Carolina General Statutes 1-440.15
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Personal property: All property that is not real property.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) The levy on stock in a corporation shall be made as provided by N.C. Gen. Stat. § 1-440.19;
(3) The levy on goods stored in a warehouse shall be made as provided by N.C. Gen. Stat. § 1-440.20;
(4) The levy on tangible personal property in the possession of the defendant shall, except as provided in N.C. Gen. Stat. § 1-440.19, be made as provided by N.C. Gen. Stat. § 1-440.18;
(5) The levy on tangible personal property belonging to the defendant but not in his possession, or on any indebtedness to the defendant, or on any other intangible personal property belonging to the defendant, shall, except as provided by N.C. Gen. Stat. § 1-440.19 and 1-440.20, be made as provided by N.C. Gen. Stat. § 1-440.25 relating to garnishment.
(b) The sheriff is not required to levy upon personal property before levying upon real property.
(c) In order for the sheriff to make any levy, it is not necessary for him to deliver to the defendant or any other person any copy of the order of attachment or any other process except in the case of garnishment as provided by N.C. Gen. Stat. § 1-440.25 (1947, c. 693, s. 1.)