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A public reference institution of the State of North Carolina's law

North Carolina Law

N.C.G.S. § 1-440.34 — revision history

Text is never overwritten. Each amendment lands as a new version row with its own effective range.

  1. Version 1 — 2026-08-08 to present

    Scraped from ncleg.gov; The General Statutes include changes through S.L. 2026-7.

    (a) 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 (1) 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. (b) 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. (1947, c. 693, s. 1.)