North Carolina General Statutes 1-440.8. General provisions relative to bonds
(a) Any bond given pursuant to the provisions of this Article shall be executed by the party required to furnish the bond and by
(1) A surety company authorized to do business in this State, as provided by N.C. Gen. Stat. § 58-73-5, or by
Terms Used In North Carolina General Statutes 1-440.8
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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
(2) One or more individual sureties, as may be required by the court.
(b) Each individual surety shall execute an affidavit, to be attached to the bond, stating that he is a resident of the State and that he is worth the amount specified in the bond exclusive of property exempt from execution and over and above all his liabilities.
(c) Any bond given pursuant to any provisions of this Article shall be subject to the approval of the court.
(d) It is not a defense in an action on any bond given pursuant to this Article that
(1) The court had no jurisdiction to require or accept bond, or
(2) The order of attachment was improperly granted, or
(3) There was any other irregularity in the attachment proceeding. (1947, c. 693, s. 1.)