North Carolina § 1-440 - 23. Form of summons to garnishee.

§ 1-440. 23. Form of summons to garnishee.

The summons to garnishee shall be substantially in the following form: State of North Carolina In the Superior Court __________________ County ________________________, Plaintiff vs. ________________________, Summons to Garnishee Defendant and ________________________, Garnishee To ________________________, Garnishee You are hereby summoned, as a garnishee of the defendant, __________________, and required, within twenty days after the service of this summons upon you, to file a verified answer in the Office of the Clerk of the Superior Court of the above named county, at __________________, North Carolina, showing - (1) Whether, at the time of the service of this summons upon you, or at any time since then until the date of your answer, you were indebted to the defendant or had any property of his in your possession and, if so, the amount and nature thereof; and (2) Whether, according to your knowledge, information or belief, any other person is indebted to the defendant or has any property of the defendant in his possession and, if so, the name of each such person. In case of your failure to file such answer a conditional judgment will be rendered against you for the full amount for which the plaintiff has prayed judgment against the defendant, together with such amount as will be sufficient to cover the plaintiff's costs. This the ____________ day of ____________, ________ ____________________________________________________________________ (Here designate Clerk Superior Court or Judge.) History (1947, c. 693, s. 1; 1999-456, s. 59.)