§ 25-1046.Attachment; copy of order; taxation as costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1046
Source
G.S.1873, c. 57, § 4, p. 714; R.S.1913, § 7775; C.S.1922, § 8719; C.S.1929, § 20-1046; R.S.1943, § 25-1046.
Plain-English Summary
Making a certified copy of an attachment order, certifying it, and filing it with a register of deeds in another county under § 25-1043 takes real time and effort. Section 25-1046 makes sure the officer doing that work gets paid for it. The officer receives the same compensation the law already allows for similar services — nothing special or above the ordinary fee schedule — for making out the copy.
That compensation gets taxed as costs in the underlying case, following the usual practice of assigning routine litigation expenses to the case itself rather than treating them as a separate charge the plaintiff or officer has to absorb outright. The one qualifier is that the court can order otherwise, giving it discretion to allocate the expense differently if the circumstances call for it.
Frequently Asked Questions
Does the officer get paid extra for making a copy of an attachment order for another county?
No extra fee — the officer receives the compensation already allowed by law for similar services.
Who ultimately bears the cost of making and filing this copy?
It is taxed as costs in the case, following the standard practice for litigation expenses, unless the court orders otherwise.
Can the court change who pays for this expense?
Yes. The section allows the court to order the cost handled differently instead of the default rule of taxing it as costs.
Does this fee cover the register of deeds’ recording work too?
No. This section addresses the officer’s compensation for making out the copy; recording fees charged by the register of deeds are a separate matter.
Is there a set dollar amount this section establishes for the officer’s fee?
No. It ties the compensation to whatever amount the law otherwise allows for similar services, rather than setting a specific figure in this section.