North Carolina General Statutes 1-440.34. Effect of defendant’s death after levy
(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.)
Terms Used In North Carolina General Statutes 1-440.34
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Summons: Another word for subpoena used by the criminal justice system.