Upon the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars ($10.00), the court or judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specified time and place, and answer concerning the same; provided, however, that such inquiries may, in the discretion of the court, be answered by such person or corporation, or any officers or members thereof, by verified answers to interrogatories. The court or judge may also, in its or his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. (C.C.P., s. 266; 1869-70, c. 79, s. 2; 1870-1, c. 245; Code, s. 490; Rev., s. 675; C.S., s. 719; 1989, c. 683; 1991, c. 426, s. 1; 1995, c. 257, s. 1.)
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1952–2022 · leading case:
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
· cites it 4× “§ 1-366 (2017); N.C. Gen. Stat. § 1-360 (2017); Carson v.”
Fed. Deposit Ins. v. British-Am. Corp., 726 F. Supp. 622 (E.D.N.C. 1989).
· cites it 4× “N.C.Gen. Stat. § 1-360 establishes a proceeding to bring a debtor of the judgment debtor before the court.”
Cornelius v. Albertson, 93 S.E.2d 147 (N.C. 1956).
· cites it 4× “G.S. 1-360 et seq. provides a procedure when a new person is to be charged by the execution of a judgment on the ground that he has property of the judgment debtor.”
Finberg v. Sullivan, 634 F.2d 50 (3rd Cir. 1980).
“N.C. Gen.Stat. § 1-360; see id. § 1-313. The court has discretion whether to notify the debtor, id.”
Radiance Capital Receivables Twenty One (N.C. Ct. App. 2022).
· cites it 6× “¶9 Defendant challenges the trial court’s jurisdiction to issue the Ex Parte Order, claiming the court acted beyond its authority under Section 1-360 in his Appellant Brief and Section 1-358 in his Reply-Brief.”
Radiance Capital Receivables Twenty One (N.C. Ct. App. 2022).
· cites it 6× “¶9 Defendant challenges the trial court’s jurisdiction to issue the Ex Parte Order, claiming the court acted beyond its authority under Section 1-360 in his Appellant Brief and Section 1-358 in his Reply-Brief.”
Marx v. Maddrey, 106 F. Supp. 535 (E.D.N.C. 1952).
· cites it 3× “On February 29, 1952, the plaintiffs filed a petition with supporting affidavit, under N.C.G.S. § 1-360, for’ an order requiring the defendant, Maddrey Cotton Company, and the Farmers Bank of Seaboard, to appear and answer concerning the bank account standing in the name of…”
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