{"data":{"id":"us-nc/n.c.-gen.-stat.-1-440.11","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1-440.11","heading":"Affidavit for attachment; amendment.","body":"(a)\tTo secure an order of attachment, the plaintiff, or his agent or attorney in his behalf, must state by affidavit\n(1)\tIn every case:\na.\tThe plaintiff has commenced or is about to commence an action, the purpose of which, in whole or in part, or in the alternative, is to secure a judgment for money, and the amount thereof,\nb.\tThe nature of such action, and\nc.\tThe ground or grounds for attachment (one or more of those stated in G.S. 1-440.3); and\n(2)\tIn those cases described below, the additional facts indicated:\na.\tIf the action is based on breach of contract, that the plaintiff is entitled to recover the amount for which judgment is sought over and above all counterclaims known to him;\nb.\tIf it is alleged as a ground for attachment that the defendant has done, or is about to do, any act with intent to defraud his creditors, the facts and circumstances supporting such allegation.\n(b)\tA verified complaint may be used as the affidavit required by this section.\n(c)\tThe court, in its discretion, at any time before judgment in the principal action, may allow any such affidavit to be amended even though the original affidavit is wholly insufficient.\n(d)\tAn amendment of an insufficient affidavit of attachment relates to the beginning of the attachment proceeding, and no rights based on such irregularity can be required by any third party by any subsequent attachment intervening between the original affidavit and the amendment. (1947, c. 693, s. 1.)","path":["Chapter 1. Civil Procedure.","SUBCHAPTER XIII. PROVISIONAL REMEDIES.","Article 35. Attachment.","Part 2. Procedure to Secure Attachment."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-440.11.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:12Z","sha256":"e0a1440b53e704ee932a28c76da2add62c932e23aff25fd2a70d13b3ede51c5e","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1-440.10","next":"us-nc/n.c.-gen.-stat.-1-440.12"},"notice":"GroundRules: Original legal text. Not legal advice."}