North Carolina § 1-502 - In what cases appointed.

§ 1-502. In what cases appointed.

A receiver may be appointed in any of the following cases: Before judgment, on the application of either party, when the party establishes an apparent right to property that is the subject of the action and in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially injured or impaired; a receiver, however, shall not be appointed in cases where judgment upon failure to answer may be had on application to the court. After judgment, to carry the judgment into effect. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the judgment debtor refuses to apply the property in satisfaction of the judgment. Repealed by Session Laws 2021-93, s. 2, effective July 22, 2021. In cases where restitution is sought for violations of G.S. 75-1.1. In cases involving partition of real property, pursuant to G.S. 46A-28. Repealed by Session Laws 2021-93, s. 2, effective July 22, 2021. History (C.C.P., s. 215; 1876-7, c. 223; 1879, c. 63; 1881, c. 51; Code, s. 379; Rev., s. 847; C.S., s. 860; 1955, c. 1371, s. 3; 1973, c. 614, s. 3; 1981, c. 584, s. 2; 2020-23, ss. 6, 9; 2021-93, s. 2.) Editor's Note. - Session Laws 2020-23, s. 18, made the substitution of "G.S. 46A-28" for "G.S. 46-3.1" in subdivision (6) of this section by Session Laws 2020-23, s. 6, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2020-23, s. 6, substituted "G.S. 46A-28" for "G.S. 46-3.1" in subdivision (6). For effective date and applicability, see editor's note. Session Laws 2020-23, s. 9, effective October 1, 2020, added "in any of the following cases" in the introductory paragraph; substituted "a receiver, however, shall not be appointed in cases" for "except in cases" in subdivision (1); substituted "in similar cases, regarding property" for "like cases, of the property" in subdivision (4); substituted "Part 2 of Article 38 of Chapter 1 of the General Statutes apply to the appointment of a receiver of a corporation under this section" for "G.S. 1-507.1 through 1-507.11 are applicable, as near as may be, to receivers appointed hereunder" in the concluding paragraph; and made minor stylistic changes throughout. Session Laws 2021-93, s. 2, effective July 22, 2021, repealed subdivision (4), which read: "In cases provided in G.S. 1 507.1 and in similar cases, regarding property within this State of foreign corporations,” and the last paragraph of the section, which read: "The provisions of Part 2 of Article 38 of Chapter 1 of the General Statutes apply to the appointment of a receiver of a corporation under this section.” Legal Periodicals. - For article discussing installment land contracts in North Carolina, see 3 Campbell L. Rev. 29 (1981). For article on North Carolina receivership statutes applicable to insolvent debtors, see 17 Wake Forest L. Rev. 745 (1981).