Before the court issues an order of attachment, the plaintiff must furnish a bond as follows:

(1)        The amount of the bond shall be such as may be fixed by the court issuing the order of attachment and shall be such as may be deemed necessary by the court in order to afford reasonable protection to the defendant, but shall not be less than two hundred dollars ($200.00);

(2)        The condition of the bond shall be that

a.         If the order of attachment is dissolved, dismissed or set aside by the court, or

b.         If the plaintiff fails to obtain judgment against the defendant, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, the surety’s liability, however, to be limited to the amount of the bond. (1947, c. 693, s. 1.)

Terms Used In North Carolina General Statutes 1-440.10

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.