North Carolina General Statutes 28A-25-4. Clerk may compel compliance
Terms Used In North Carolina General Statutes 28A-25-4
- 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.
- Decedent: A deceased person.
If any affiant who has collected personal property of the decedent by affidavit pursuant to N.C. Gen. Stat. § 28A-25-1 or N.C. Gen. Stat. § 28A-25-1.1 shall fail to make distribution or file affidavit as required by N.C. Gen. Stat. § 28A-25-3, the clerk of superior court may, upon motion of the clerk of superior court or at the request of any interested person, issue an attachment against the affiant for a contempt and commit the affiant until the affiant makes proper distribution and files the affidavit. In addition to or in lieu of filing this attachment, the clerk may require the affiant to post a bond conditioned as provided in N.C. Gen. Stat. § 28A-8-2. (1973, c. 1329, s. 3; 1983, c. 711, s. 2; 1985, c. 651, s. 5; 1987, c. 670, s. 4; 1989, c. 407, s. 4; 2011-344, s. 4.)