NC General Statutes

N.C. Gen. Stat. § 1-475 (2026)

Plaintiff's undertaking

✓ current as of July 2026

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The plaintiff must give a written undertaking payable to the defendant, executed by one or more sufficient sureties, approved by the sheriff, to the effect that they are bound in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, with damages for its deterioration and detention if return can be had, and if for any cause return cannot be had, for the payment to him of such sum as may be recovered against the plaintiff for the value of the property at the time of the seizure, with interest thereon as damages for such seizure and detention. (C.C.P., s. 179; Code, s. 324; 1885, c. 50; Rev., s. 793; C.S., s. 833.)

Notes of Decisions

Cited in 8 cases, 1952–2008 · leading case: Fayetteville Publ'g Co. v. Advanced Internet Tech., Inc., 665 S.E.2d 518 (N.C. Ct. App. 2008).

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Fayetteville Publ'g Co. v. Advanced Internet Tech., Inc., 665 S.E.2d 518 (N.C. Ct. App. 2008). · cites it 2× “Plaintiff obtained an order of seizure in claim and delivery on 23 January 2006 and posted a bond pursuant to N.C. Gen. Stat. § 1-475 in the amount of sixteen thousand dollars ($16,000.”

Walker Frames v. Shively, 473 S.E.2d 776 (N.C. Ct. App. 1996). · cites it 3× “We note that defendants cite G.S. 1-475 in support of their position. G.”

Moore v. Humphrey, 101 S.E.2d 460 (N.C. 1958). · cites it 2× “It is noted that plaintiff’s undertaking, signed by appellants, was drawn in the language of G.S. 1-475. Prior to the Act of 1885 (Laws of 1885, Ch.”

Weener Plastics, Inc. v. HNH PACKAGING, LLC, 590 F. Supp. 2d 760 (E.D.N.C. 2008). · cites it 7× “Specifically, N.C. Gen. Stat. § 1-475 requires that the bond be “double the value of the property, as stated in the affidavit.”

Tillis v. Calvine Cotton Mills, Inc., 111 S.E.2d 606 (N.C. 1959). “” Upon -the facts in this case deterioration in use by Oalvine is not an element of damages.”

Marine Ecology Sys., Inc. v. Spooners Creek Yacht Harbor, Inc., 253 S.E.2d 613 (N.C. Ct. App. 1979). “The required undertaking is for the protection of defendants, so that a fund might be established from which recovery could be had were it shown that the plaintiff was not lawfully entitled to the property or that the property was damaged or diminished in value through…”

Universal C. I. T. Credit Corp. v. Saunders, 70 S.E.2d 176 (N.C. 1952). “Decision here turns on whether the court below erred in denying the motion of the defendant Saunders for judgment in accord with the allegations of the plaintiff’s pleadings. The automobile having been seized under claim and delivery and delivered to the plaintiff, the plaintiff…”

Wachovia Bank & Trust Co., NA v. Smith, 210 S.E.2d 212 (N.C. Ct. App. 1974). “Furthermore, whatever interest the defendants have in the mobile home is amply protected by plaintiff’s undertaking filed in the claim and delivery proceeding pursuant to G.S. 1-475. . , The appeal is Dismissed. Judges Britt and Martin concur.”

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