{"data":{"id":"us-nc/n.c.-gen.-stat.-1-440.45","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1-440.45","heading":"When defendant prevails in principal action.","body":"(a)\tIf the defendant prevails in the principal action, or if the order of attachment is for any reason dissolved, dismissed or set aside, or if service is not had on the defendant as provided by G.S. 1-440.7,\n(1)\tThe defendant shall be entitled to have delivered to him\na.\tAll bonds taken for his benefit whether filed in the proceedings or taken by an officer, and\nb.\tThe proceeds of any sales and all money collected, and\nc.\tAll attached property remaining in the officer's hands, and\n(2)\tAny garnishee shall be entitled to have vacated any judgment theretofore taken against him.\n(b)\tEither the clerk or the judge shall have authority, upon motion of the defendant or any garnishee, to make any such order as may be necessary or proper to carry out the provisions of subsection (a) of this section.\n(c)\tUpon judgment in his favor in the principal action, the defendant may thereafter, by motion in the cause, recover on any bond taken for his benefit therein, or he may maintain an independent action thereon. (1947, c. 693, s. 1; 1951, c. 837, s. 8.)","path":["Chapter 1. Civil Procedure.","SUBCHAPTER XIII. PROVISIONAL REMEDIES.","Article 35. Attachment.","Part 6. Procedure after Judgment."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-440.45.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:12Z","sha256":"604d4905b715c1e575522df84451f4f898d156206bb1d2d3c3ad72ecddffe769","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1-440.44","next":"us-nc/n.c.-gen.-stat.-1-440.46"},"notice":"GroundRules: Original legal text. Not legal advice."}