§ 1-339.71. Special proceeding to determine ownership of surplus. - North Carolina Statutes

§1‑339.71.  Special proceeding to determine ownership of surplus.

(a)        A specialproceeding may be instituted before the clerk of the superior court by anyperson claiming any money, or part thereof, paid into the clerk's office underG.S. 1‑339.70 or G.S. 105‑ 374(q)(6), to determine who is entitledthereto.

(b)        All other personswho have filed with the clerk notice of their claim to the money or any partthereof, or who, as far as the petitioner or petitioners know, assert any claimto the money or any part thereof, shall be made defendants in the proceeding.

(c)        If any answer isfiled raising issues of fact as to the ownership of the money, the proceedingsshall be transferred to the civil issue docket of the superior court for trial.When a proceeding is so transferred, the clerk may require any party to theproceeding who asserts a claim to the fund by petition or answer to furnish abond for costs in the amount of $200.00, or otherwise comply with the provisions of G.S. 1‑109.

(d)        The court may, inits discretion, allow a reasonable attorney's fee for any attorney appearing inbehalf of the party or parties who prevail, to be paid out of the funds incontroversy, and shall tax all costs against the losing party or parties whoasserted a claim to the  fund by petition or answer. (1949,c. 719, s. 1; 1967, c. 705, s. 2; 1973, c. 1446, s. 19.)