(a) When an order of attachment is issued before the summons is served.
(1) If personal service within the State is to be had, such personal service must be had within 30 days after the issuance of the order of attachment;
(2) If such personal service within the State is not to be had,
a. Service of the summons outside the State, in the manner provided by Rule 4(j)(9)a or b of the Rules of Civil Procedure, must be had within 30 days after the issuance of the order of attachment, or
b. Service by publication must be commenced not later than the thirty-first day after the issuance of the order of attachment. If publication is commenced, such publication must be completed as provided by Rule 4(j)(9)c of the Rules of Civil Procedure unless the defendant appears in the action or unless personal service is had on him within the State.
(b) Upon failure of compliance with the applicable provisions of subsection (a) of this section, either the clerk or the judge shall, upon the motion of the defendant or any other interested party, make an order dissolving the attachment, and the defendant shall have all the rights that would accrue to him under the provisions of G.S. 1-440.45, the same as if the principal action had been prosecuted to judgment and the defendant had prevailed therein. (1947, c. 693, s. 1; 1967, c. 954, s. 3; 1971, c. 1093, ss. 14, 15.)
Notes of Decisions
Hutchison v. Bank of North Carolina, 392 F. Supp. 888 (M.D.N.C. 1975).
· cites it 2× “Section 1-440.7(a) provides that attachment may be issued before personal service; if so, personal service must be had within thirty days of the issuance of the order of attachment.”
Sturgill v. Sturgill, 272 S.E.2d 423 (N.C. Ct. App. 1980).
“45 which states in part: “If the defendant prevails in the principal action, or if the order of attachment is for any reason dissolved, dismissed or set aside, or if service is not had on the defendant as provided by § 1-440.7, (1) The defendant shall be entitled to have…”
Bright v. Williams, 97 S.E.2d 247 (N.C. 1957).
“G.S. 1-440.7. If it be conceded that neither defendant nor his property were subject to the jurisdiction of the court when he entered his special appearance and moved to dismiss in May, no objection has been taken or reason assigned to invalidate the attachment and service of…”
Accident Indem. Ins. v. Johnson, 136 S.E.2d 95 (N.C. 1964).
“Furthermore, irrespective of the provisions of Rule 23, the defendant was entitled to an order (if he had requested it) dissolving the attachment for failure to commence service by publication within 31 days after the issuance of the order of attachment.”
Thrush v. Thrush, 97 S.E.2d 472 (N.C. 1957).
· cites it 3× “Defendant asserts that the judgment is erroneous for that personal service of process was ineffective because by public policy he was exempt from such service, and the statute, G.S. 1-440.7, is mandatory in its requirement that publication must begin not later than the…”
N.C. Gen. Stat. § 1-440.7(a): 1 case
Hutchison v. Bank of North Carolina, 392 F. Supp. 888 (M.D.N.C. 1975).
“Section 1-440.7(a) provides that attachment may be issued before personal service; if so, personal service must be had within thirty days of the issuance of the order of attachment.”
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