North Carolina § 1-440.21 Nature of garnishment

North Carolina Statutes

§ 1-440.21 — Nature of garnishment

North Carolina § 1-440.21

Ch. 1Civil Procedure

Art. 35Attachment

Subch. XIIIPROVISIONAL REMEDIES

This text of North Carolina § 1-440.21 (Nature of garnishment) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 1-440.21 (2026).

Text

(a)Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment

(1)Tangible personal property belonging to the defendant but not in his possession, and

(2)Any indebtedness to the defendant and any other intangible personal property belonging to him.

(b)A garnishee is a person, firm, association, or corporation to which such a summons as specified by G.S. 1-440.23 is issued. (1947, c. 693, s. 1.)

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(a) Garnishment is not an independent action but is a proceeding ancillary to attachment and is the remedy for discovering and subjecting to attachment
(1) Tangible personal property belonging to the defendant but not in his possession, and
(2) Any indebtedness to the defendant and any other intangible personal property belonging to him.
(b) A garnishee is a person, firm, association, or corporation to which such a summons as specified by G.S. 1-440.23 is issued. (1947, c. 693, s. 1.)