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60-712. Dissolution of attachment; hearing. (a) Motion to dissolve, how made. In all cases where property, effects or credits shall be attached, any interested person may file a motion to dissolve the attachment, verified by affidavit, putting in issue the sufficiency of the proceedings, the defendant's or other person's claim of exemption as to any property which has been attached, or the truth of the facts alleged in the affidavit on which the attachment was issued. The court shall hold a hearing on the motion within seven days after the receipt thereof. The burden of proof shall be on the party seeking the attachment except as to any claim of exemption.

(b) Amendments. The judge may in the interest of justice, permit amendments to the petition or the affidavit, including the specification of additional grounds for attachment.

History: L. 1963, ch. 303, 60-712; L. 1977, ch. 202, § 6; L. 2010, ch. 135, § 160; July 1.

Source or Prior Law:

(a). G.S. 1868, ch. 80, §§ 228, 229; L. 1909, ch. 182, §§219, 220; R.S. 1923, 60-931, 60-932.


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