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NC General Statutes

N.C. Gen. Stat. § 1-440.1 (2026)

Nature of attachment

✓ current as of July 2026
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(a) Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring property of a defendant within the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment for money which may be rendered against the defendant in the principal action.

(b) No personal judgment, even for costs, may be rendered against a defendant unless personal jurisdiction has been acquired as provided in G.S. 1-75.3.

(c) Although there is no personal service on the defendant, or on an agent for him, and although he does not make a general appearance, judgment may be rendered in an action in which property of the defendant has been attached which judgment shall provide for the application of the attached property, by the method set out in G.S. 1-440.46, to the satisfaction of the plaintiff's claim as established in the principal action. If plaintiff's claim is not thereby satisfied in full, subsequent actions for the unsatisfied balance are not barred. (1947, c. 693, s. 1; 1967, c. 954, s. 3.)

 

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1948–2023 · leading case: Leary v. N.C. Forest Prods., Inc., 580 S.E.2d 1 (N.C. Ct. App. 2003).
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Leary v. N.C. Forest Prods., Inc., 580 S.E.2d 1 (N.C. Ct. App. 2003). · cites it 4× “2d 765, 768 (1983) (quoting N.C. Gen.Stat. § 1-440.1), this Court considered the analogous question of a collateral attack on an attachment of property, which the Court described as "a preliminary execution against property.”
Hutchison v. Bank of North Carolina, 392 F. Supp. 888 (M.D.N.C. 1975). · cites it 11× “N.C.G.S. §§ 1-440.1, 1-440.2. Section 1-440.”
Holt v. Holt, 255 S.E.2d 407 (N.C. Ct. App. 1979). · cites it 6× “The basis of the court's jurisdiction must rest on plaintiff's proceeding to attach defendant's realty under G.S. 1-440.1. The realty had no relation to the account which is the subject matter of the action.”
Signature Dev., LLC v. Sandler Com. at Union, L.L.C., 701 S.E.2d 300 (N.C. Ct. App. 2010). · cites it 6× “On 12 August 2008, Signature filed a complaint against Sandler seeking, inter alia: damages for breach of contract, breach of covenant of good faith and fair dealing, unjust enrichment, fraud, negligent misrepresentation, and unfair and deceptive trade practices; an order for…”
Ivester v. Miller, 398 B.R. 408 (M.D.N.C. 2008). · cites it 3× “N.C. Gen.Stat. § 1-440.1. Indeed, if the rule were otherwise, holders of attachment liens could effectively hijack the orderly disposition of *428 bankruptcy proceedings by insisting on potentially lengthy resolution of state court proceedings necessary to convert their inchoate…”
State Employees' Credit Union, Inc. v. Gentry, 330 S.E.2d 645 (N.C. Ct. App. 1985). · cites it 2× “It was incumbent on Interstate, if it desired to establish a lien by attachment or an interest in the attached property, to put its claim in issue by filing a proper claim in accordance with N.C. Gen. Stat. § 1-440.1 et seq. or § 1-440.”
Collins v. Talley, 553 S.E.2d 101 (N.C. Ct. App. 2001). · cites it 2× “Attachment is an ancillary proceeding to a pending action for a money judgment which enables a plaintiff to bring the property of a defendant within “the legal custody of the court in order that it may subsequently be applied to the satisfaction of any judgment for money which…”
Protocol, LLC v. Henderson, 18 F. Supp. 3d 689 (M.D.N.C. 2014). · cites it 2× “” N.C. Gen.Stat. § 1-440.1(a). Because this court is dismissing this case for lack of personal jurisdiction over Defendant, there is no longer a “pending principal action” to which the prejudgment attachment proceeding could be “ancillary.”
Canterbury v. Monroe Lange Hardwood Imports Div. of MacRose Indus. Corp., 268 S.E.2d 868 (N.C. Ct. App. 1980). · cites it 2× “First, since the parties have raised no question regarding the propriety of the proceeding in attachment against the de *93 fendant’s property, we do not consider whether the statutory requirements of G.S. § 1-440.1 et seq. were met. But, assuming the attachment proceeding was…”
Balcon, Inc. v. Sadler, 244 S.E.2d 164 (N.C. Ct. App. 1978). “The basis of the court’s jurisdiction must rest on plaintiff’s proceeding to attach defendant’s realty under G.S. 1-440.1. The realty had no relation to the account which is the subject matter of the action.”
In Re Millerburg, 61 B.R. 125 (Bankr. E.D.N.C. 1986). “§ 1-440.1, and by the notation on the certificate of title pursuant to N.”
Edwards v. Brown's Cabinets & Millwork, Inc., 305 S.E.2d 765 (N.C. Ct. App. 1983). “Attachment is a proceeding ancillary to a pending principal action, is in the nature of a preliminary execution against property, and is intended to bring the property of the defendant within the legal custody of the court in order that it may be subsequently applied to the…”
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— N.C. Gen. Stat. § 1-440.1(a) — 1 case
Protocol, LLC v. Henderson, 18 F. Supp. 3d 689 (M.D.N.C. 2014). “” N.C. Gen.Stat. § 1-440.1(a). Because this court is dismissing this case for lack of personal jurisdiction over Defendant, there is no longer a “pending principal action” to which the prejudgment attachment proceeding could be “ancillary.”
— N.C. Gen. Stat. § 1-440.1(b) — 1 case
Holt v. Holt, 255 S.E.2d 407 (N.C. Ct. App. 1979). “The basis of the court's jurisdiction must rest on plaintiff's proceeding to attach defendant's realty under G.S. 1-440.1. The realty had no relation to the account which is the subject matter of the action.”
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