(a) To secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit
(1) In every case:
a. The plaintiff has commenced or is about to commence an action, the purpose of which, in whole or in part, or in the alternative, is to secure a judgment for money, and the amount thereof,
b. The nature of such action, and
c. The ground or grounds for attachment (one or more of those stated in G.S. 1-440.3); and
(2) In those cases described below, the additional facts indicated:
a. If the action is based on breach of contract, that the plaintiff is entitled to recover the amount for which judgment is sought over and above all counterclaims known to him;
b. If it is alleged as a ground for attachment that the defendant has done, or is about to do, any act with intent to defraud his creditors, the facts and circumstances supporting such allegation.
(b) A verified complaint may be used as the affidavit required by this section.
(c) The court, in its discretion, at any time before judgment in the principal action, may allow any such affidavit to be amended even though the original affidavit is wholly insufficient.
(d) An amendment of an insufficient affidavit of attachment relates to the beginning of the attachment proceeding, and no rights based on such irregularity can be required by any third party by any subsequent attachment intervening between the original affidavit and the amendment. (1947, c. 693, s. 1.)
Notes of Decisions
Hutchison v. Bank of North Carolina, 392 F. Supp. 888 (M.D.N.C. 1975).
· cites it 9× “N.C.G.S. § 1-440.11. The order of attachment may be issued by the clerk of the court in which the action has been commenced or by a judge of the appropriate trial division as authorized by the statute.”
Allstate Ins. v. Weir, 531 F. Supp. 2d 674 (E.D.N.C. 2008).
· cites it 6× “3)_” N.C. Gen.Stat. § 1-440.11(a). The plaintiff may also use a verified complaint rather than an affidavit.”
Est. of Chambers v. Vision Two Hosp. Mgmt., LLC, 2013 NCBC 52 (N.C. Bus. Ct. 2013).
· cites it 2× “Plaintiffs Have Not Shown Adequate Grounds for Prejudgment Attachment {38} Plaintiffs seek prejudgment attachment of unspecified property of the Dharias to satisfy any judgment received in this case.”
Nelson v. Hayes, 448 S.E.2d 848 (N.C. Ct. App. 1994).
· cites it 2× “As such, plaintiff’s affidavit must meet one of the grounds for attachment listed in North Carolina General Statutes § 1-440.2, as required by North Carolina General Statutes § 1-440.”
Armstrong v. Aetna Ins. Co., 106 S.E.2d 515 (N.C. 1959).
“12 if plaintiff’s verified complaint and bond for attachment met the requirements of G.S. 1-440.11 and G.S. 1-440.10, respectively.”
Whitaker v. . Wade, 49 S.E.2d 627 (N.C. 1948).
“G. S. 1-440.11. When the defendant contests the grounds on which the writ issued, the statute provides a ready means of attack upon the writ without awaiting the trial of the main issue.”
Thrush v. Thrush, 97 S.E.2d 472 (N.C. 1957).
“The answer is found in the statute, G.S. 1-440.11 (c), which expressly authorizes the court in its discretion to “allow any such affidavit to be amended even though the original affidavit is wholly insufficient.”
— N.C. Gen. Stat. § 1-440.11(a) — 1 case
Allstate Ins. v. Weir, 531 F. Supp. 2d 674 (E.D.N.C. 2008).
“3)_” N.C. Gen.Stat. § 1-440.11(a). The plaintiff may also use a verified complaint rather than an affidavit.”
— N.C. Gen. Stat. § 1-440.11(a)(1)(c) — 1 case
Allstate Ins. v. Weir, 531 F. Supp. 2d 674 (E.D.N.C. 2008).
“3)_” N.C. Gen.Stat. § 1-440.11(a). The plaintiff may also use a verified complaint rather than an affidavit.”
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