North Carolina § 1-440 - 1. Nature of attachment.

§ 1-440. 1. Nature of attachment.

Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring property of a defendant within the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment for money which may be rendered against the defendant in the principal action. No personal judgment, even for costs, may be rendered against a defendant unless personal jurisdiction has been acquired as provided in G.S. 1-75.3. Although there is no personal service on the defendant, or on an agent for him, and although he does not make a general appearance, judgment may be rendered in an action in which property of the defendant has been attached which judgment shall provide for the application of the attached property, by the method set out in G.S. 1-440.46, to the satisfaction of the plaintiff's claim as established in the principal action. If plaintiff's claim is not thereby satisfied in full, subsequent actions for the unsatisfied balance are not barred. History (1947, c. 693, s. 1; 1967, c. 954, s. 3.) Cross References. - As to affidavit for attachment, see G.S. 1-440.11 . Legal Periodicals. - For survey of 1976 case law on constitutional law, see 55 N.C.L. Rev. 965 (1977). For survey of 1979 law on civil procedure, see 58 N.C.L. Rev. 1261 (1980). For comment on jurisdiction based upon attachment, see 16 Wake Forest L. Rev. 377 (1980).