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N.C. Gen. Stat. § 1-440.43

Remedies of third person claiming attached property or interest therein

Applied in 3 court decisions — leading case United States v. Whedbee (1992)

Most recently applied in 207 N.C. App. 576 - Signature Development, LLC v. Sandler Commercial at Union, L.L.C. (November 2010)

1947, c. 693, s. 1.

How often courts cite this section

198919902000201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

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.