North Carolina § 1-440 - 34. Effect of defendant's death after levy.
Full text of North Carolina North Carolina General Statutes § 1-440 — 34. Effect of defendant's death after levy., with citation guidance and answers to common questions.
§ 1-440. 34. Effect of defendant's death after levy.
In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force If the cause of action set forth by the plaintiff in the principal action is one which survives, and If service is completed on the personal representative of the defendant within three months from the date of his qualification. If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant's personal representative in the regular course of administration. History (1947, c. 693, s. 1.)
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 ("34. Effect of defendant's death after levy.") 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.