Submitted by kirksanderslaw on
A lot of times so much energy is spent getting a judgment at court whether by motion or by trial. But how do you collect on that judgment if the debtor doesn't turn around a pay?
North Carolina has archaic post-judgment collection laws that date back to the 1800's. It's a maze to get through the process of exemptions and executions.
Here is a blog where I discuss some of the basics of the process: http://hendricklawfirm.com/post-judgment-collection-attorneys-north-carolina/
One useful tool in the NC post judgment collection process is the motion and order for the judgment debtor not to dispose of assets.This is part of the NCGS
§ 1-358. Disposition of property forbidden. The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not exempt from execution. (C.C.P., s. 264; 1868-9, c. 95, s. 2; Code, ss. 488 [subsec. 6], 494; Rev., s. 673; C.S., s. 717.) or see http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_1/GS_1-358.pdf
This is when you are worried the debtor is going to dispose of assets or sell them. The punishments are severe.
When you are ready to hire a post judgment collection attorney north carolina, call 336-724-4707