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North Carolina General Statutes Chapter 1. Civil Procedure § 1-440.8. General provisions relative to bonds

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) Any bond given pursuant to the provisions of this Article shall be executed by the party required to furnish the bond and by

(1) A surety company authorized to do business in this State, as provided by G.S. 58-73-5, or by

(2) One or more individual sureties, as may be required by the court.

(b) Each individual surety shall execute an affidavit, to be attached to the bond, stating that he is a resident of the State and that he is worth the amount specified in the bond exclusive of property exempt from execution and over and above all his liabilities.

(c) Any bond given pursuant to any provisions of this Article shall be subject to the approval of the court.

(d) It is not a defense in an action on any bond given pursuant to this Article that

(1) The court had no jurisdiction to require or accept bond, or

(2) The order of attachment was improperly granted, or

(3) There was any other irregularity in the attachment proceeding.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 1. Civil Procedure § 1-440.8. General provisions relative to bonds - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-1-civil-procedure/nc-gen-st-sect-1-440-8/

Read this complete North Carolina General Statutes Chapter 1. Civil Procedure § 1-440.8. General provisions relative to bonds on Westlaw

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