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NC General Statutes

N.C. Gen. Stat. § 1-440.27 (2026)

Failure of garnishee to appear

✓ current as of July 2026
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(a) When a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a conditional judgment for the plaintiff against the garnishee for the full amount for which the plaintiff shall have prayed judgment against the defendant, together with such amount as in the opinion of the clerk will be sufficient to cover the plaintiff's costs.

(b) The clerk shall thereupon issue a notice to the garnishee requiring him to appear not later than 10 days after the date of service of the notice, and show cause why the conditional judgment shall not be made final. If, after service of such notice, the garnishee fails to appear within the time named and file a verified answer to the summons to the garnishee, or if such notice cannot be served upon the garnishee because he cannot be found within the county where the original summons to such garnishee was served, then in either such event, the clerk shall make the conditional judgment final. (1947, c. 693, s. 1.)

 

Notes of Decisions
Cited in 1 case, 1974–1974 · leading case: Carolina Paper Co., Inc. v. Bouchelle, 203 S.E.2d 1 (N.C. 1974).
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Carolina Paper Co., Inc. v. Bouchelle, 203 S.E.2d 1 (N.C. 1974). “” G.S. 1-440.27 provides that “when a garnishee, after being duly summoned, fails to file a verified answer as required, the clerk of the court shall enter a conditional judgment for the plaintiff against the garnishee for the full amount for which the plaintiff shall have…”
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