NC General Statutes

N.C. Gen. Stat. § 1-366 (2026)

Receiver to sue debtors of judgment debtor

✓ current as of July 2026

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If it appears that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, such interest or debt is recoverable only in an action against such person or corporation by the receiver; but the court or judge may, by order, forbid a transfer or other disposition of such property or interest till a sufficient opportunity is given to the receiver to commence and prosecute the action to judgment and execution, but such order may at any time be modified or dissolved by the court or judge having jurisdiction on such security as he directs. (C.C.P., s. 271; 1870-1, c. 245; Code, s. 497; Rev., s. 682; C.S., s. 725.)

Notes of Decisions

Cited in 2 cases, 1984–2018 · leading case: Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).

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Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018). · cites it 12× “, N.C. Gen. Stat. § 1-366 (2017); N.C. Gen.”

Atl. Purchasers, Inc. v. Aircraft Sales, Inc., 101 F.R.D. 779 (W.D.N.C. 1984). · cites it 2× “The restraining order entered by the court on April 9, 1984, was authorized by N.C.Gen.Stat. § 1-366, which provides that the court may forbid the transfer of property in the hands of third persons that is alleged to belong to a judgment debtor “till a sufficient opportunity is…”

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