North Carolina General Statutes 1-440.24. Form of notice of levy in garnishment proceeding
Terms Used In North Carolina General Statutes 1-440.24
- 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.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
The notice of levy to be served on the garnishee shall be substantially in the following form:
State of North Carolina In the Superior Court
________ County
________________,
Plaintiff,
vs.
_______________, Notice to Levy
Defendant,
and
________________,
Garnishee.
To ______________ Garnishee:
By virtue of the authority contained in an order of attachment issued by the Superior Court of ______ County and directed to me, I hereby levy upon any and all property that you have or hold in your possession for the account, use, or benefit of the defendant, and upon all debts owed by you to the defendant.
You are notified that a lien is hereby created on all the tangible property of the defendant in your possession, and that if you surrender the possession of, or transfer to anyone, any property belonging to the defendant, or if you pay any debt you owe the defendant, unless the same is delivered or paid to me or to the court for such proper disposition as the court may determine, you will be subject to punishment as for contempt, and that judgment may be rendered against you for the value of such property not exceeding the full amount of plaintiff‘s claim and costs of the action.
This the ____ day of _____, ___
___________________________
Sheriff of ________ County.