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NC General Statutes

N.C. Gen. Stat. § 1-440.43 (2026)

Remedies of third person claiming attached property or interest therein

✓ current as of July 2026
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Any person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an interest in such property, whether such lien or interest is acquired prior to or subsequent to the attachment, may

(1) Apply to the court to have the attachment order dissolved or modified, or to have the bond increased, upon the same conditions and by the same methods as are available to the defendant, or

(2) Intervene and secure possession of the property in the same manner and under the same conditions as is provided for intervention in claim and delivery proceedings. (1947, c. 693, s. 1.)

 

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1983–2021 · leading case: Signature Dev., LLC v. Sandler Com. at Union, L.L.C., 701 S.E.2d 300 (N.C. Ct. App. 2010).
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Signature Dev., LLC v. Sandler Com. at Union, L.L.C., 701 S.E.2d 300 (N.C. Ct. App. 2010). · cites it 6× “Pursuant to N.C. Gen. Stat. § 1-440.43 , (a)ny person other than the defendant who claims property which has been attached, or any person who has acquired a lien upon or an interest in such property .”
State Employees' Credit Union, Inc. v. Gentry, 330 S.E.2d 645 (N.C. Ct. App. 1985). “or § 1-440.43(2) (1983). That Interstate failed to employ either of these well-defined mechanisms is unquestioned.”
Edwards v. Brown's Cabinets & Millwork, Inc., 305 S.E.2d 765 (N.C. Ct. App. 1983). “” G.S. 1-440.43. The statute allows for the making of a motion, at any time prior to judgment in the principal action, to dissolve, G.”
Harshaw v. Mustafa, 362 S.E.2d 541 (N.C. 1987). · cites it 3× “Intervening defendants made a motion under Rule 60(b) of the North Carolina Rules of Civil Procedure to set aside the judgment against Mustafa and a motion to dissolve the attachment pursuant to N.C.G.S. § 1-440.43, as well as a motion to dismiss plaintiffs’ complaint under N.”
Case v. Miller, 315 S.E.2d 737 (N.C. Ct. App. 1984). · cites it 2× “And his lien was enforceable in this action under the explicit language of Rule 24 of the North Carolina Rules of Civil Procedure and G.S. 1-440.43. Rule 24 provides: “(a) Intervention of *732 Right.”
Loman Garrett, Inc. v. Timco Mech., Inc., 378 S.E.2d 194 (N.C. Ct. App. 1989). · cites it 6× “N.C. Gen. Stat. § 1-440.43 (1988). With respect to subsection (1), a defendant who seeks to dissolve an order of attachment may do so “at any time before judgment in the principal action.”
Hatu v. Southco Distrib. Co. (Bankr. E.D.N.C. 2021). · cites it 2× “Therefore, pursuant to N.C. Gen. Stat. § 1-440.43 and other state law, a court of competent jurisdiction may, if the facts and law warrant, amend or dissolve the attachment orders.”
N.C. Gen. Stat. § 1-440.43(2): 1 case
State Employees' Credit Union, Inc. v. Gentry, 330 S.E.2d 645 (N.C. Ct. App. 1985). “or § 1-440.43(2) (1983). That Interstate failed to employ either of these well-defined mechanisms is unquestioned.”
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