North Carolina § 1-440 - 12. Order of attachment; form and contents.

Full text of North Carolina North Carolina General Statutes § 1-440 — 12. Order of attachment; form and contents., with citation guidance and answers to common questions.

§ 1-440. 12. Order of attachment; form and contents.

If the matters required by G.S. 1-440.11(a) are shown by affidavit to the satisfaction of the court and if the bond required by G.S. 1-440.10 is furnished, the court shall issue an order of attachment which shall Show the venue, the court in which the action has been, or is being, commenced, and the title of the action; Run in the name of the State and be directed to the sheriff of a designated county; State that an affidavit for the attachment of the defendant's property has been filed with the court in the action, that the required attachment bond has been executed and delivered to the court and that it has been made to appear to the satisfaction of the court that the allegations of the plaintiff's affidavit for attachment are true; Direct the sheriff to attach and safely keep all of the property of the defendant within the sheriff's county which is subject to attachment, or so much thereof as is sufficient to satisfy the plaintiff's demand, together with costs and expenses; Direct that the order of attachment be returned to the clerk of the court in which the action is pending; Show the date of issuance; and Be signed by clerk or the judge issuing the order. The order of attachment shall not contain a return date, but shall be returned to the clerk as provided by G.S. 1-440.16. History (1947, c. 693, s. 1.) Cross References. - As to bond for attachment, see G.S. 1-440.10 . As to affidavit for attachment, see G.S. 1-440.11 .

Source: official North Carolina text · Last verified 2026-08-27

Frequently Asked Questions About North Carolina § 1-440

What does North Carolina General Statutes § 1-440 cover?

Section 1-440 ("12. Order of attachment; form and contents.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Carolina § 1-440?

A common citation format is "North Carolina General Statutes § 1-440" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Carolina law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.

How does North Carolina § 1-440 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.