{"data":{"id":"us-nc/n.c.-gen.-stat.-1-440.7","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1-440.7","heading":"Time within which service of summons or service by publication must be had.","body":"(a)\tWhen an order of attachment is issued before the summons is served.\n(1)\tIf personal service within the State is to be had, such personal service must be had within 30 days after the issuance of the order of attachment;\n(2)\tIf such personal service within the State is not to be had,\na.\tService of the summons outside the State, in the manner provided by Rule 4(j)(9)a or b of the Rules of Civil Procedure, must be had within 30 days after the issuance of the order of attachment, or\nb.\tService by publication must be commenced not later than the thirty-first day after the issuance of the order of attachment. If publication is commenced, such publication must be completed as provided by Rule 4(j)(9)c of the Rules of Civil Procedure unless the defendant appears in the action or unless personal service is had on him within the State.\n(b)\tUpon failure of compliance with the applicable provisions of subsection (a) of this section, either the clerk or the judge shall, upon the motion of the defendant or any other interested party, make an order dissolving the attachment, and the defendant shall have all the rights that would accrue to him under the provisions of G.S. 1-440.45, the same as if the principal action had been prosecuted to judgment and the defendant had prevailed therein. (1947, c. 693, s. 1; 1967, c. 954, s. 3; 1971, c. 1093, ss. 14, 15.)","path":["Chapter 1. Civil Procedure.","SUBCHAPTER XIII. PROVISIONAL REMEDIES.","Article 35. Attachment.","Part 1. General Provisions."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-440.7.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:12Z","sha256":"7a753eeed04a9b550f1de9968b6111f1ec0217cc60c3c8cd891953d73755402f","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1-440.6","next":"us-nc/n.c.-gen.-stat.-1-440.8"},"notice":"GroundRules: Original legal text. Not legal advice."}