N.C. Gen. Stat. § 1-440.34
Effect of defendant's death after levy
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force If the cause of action set forth by the plaintiff in the principal action is one which survives, and
(1) In case of the death of the defendant, after the issuance of an order of attachment and after a levy is made thereunder but before service of summons is had or before an appearance is entered in the principal action, the levy shall remain in force If the cause of action set forth by the plaintiff in the principal action is one which survives, and
(2) If service is completed on the personal representative of the defendant within three months from the date of his qualification.
(2) If service is completed on the personal representative of the defendant within three months from the date of his qualification.
(3) If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant's personal representative in the regular course of administration.
(3) If a levy has been made upon real property and the defendant dies before such real property is sold pursuant to the attachment, the lien of the attachment shall continue but the judgment may be enforced only through the defendant’s personal representative in the regular course of administration.
History
(1947, c. 693, s. 1.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.