North Carolina General Statutes 1-440.21. Nature of garnishment
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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 N.C. Gen. Stat. § 1-440.23 is issued. (1947, c. 693, s. 1.)
Terms Used In North Carolina General Statutes 1-440.21
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Personal property: All property that is not real property.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
- Summons: Another word for subpoena used by the criminal justice system.