Flynrider
Phoenix,#2Consumer Comment
Wed, February 10, 2010
You are much farther along in the process than your original post indicated. My link pointed to a lawdogs.com site that summarized NC law on judgements. It would appear that you're already well along that path. Here's the general info with the applicable NC General Statute references :
A judgment rendered by the court of North Carolina is enforceable for a period of ten (10) years. (1-47(a)(1).) Upon the filing of the transcript of a judgment with the clerk, such judgment becomes a lien on the real property of the judgment debtor in the county in which it is situated for a period of ten (10) years from the date of the rendition of the judgment. ( 1-234.) A judgment creditor may seek execution against the non-exempt property of the judgment debtor, against his person and for the delivery of the possession of real or personal property. (1-303.) A writ of execution, however, may not be issued unless the judgment debtor's exemption has been designated, or the judgment debtor has waived his exemption as provided in G.S. 1C-1601(c). (1-305(b)). The court or judge may order that all non-exempt property of the judgment debtor be sold upon execution, however, the earnings of the debtor for his personal services, at any time within 60 days next preceding the order, cannot be garnished if he files an affidavit stating that the earnings are necessary for the use of his family which is wholly or partly supported by his labor. ( 1-362.)
Also check out statute 1C-1603 for mailing requirements if the guy is dodging service from the sherriff.
Good luck.
Amy
Durham,#3Author of original report
Tue, February 09, 2010
The website took out the website address you referred to. We've already looked up NC law and consulted with a lawyer. I'd be interested to know what you would suggest as a next step. We've already done the writ of execution that NC law dictates as the means of collection in the case of a uncooperative defendant.
Flynrider
Phoenix,#4Consumer Suggestion
Tue, February 09, 2010
"Why does justice take money in America even after the courts and law are on your side?"
Somebody has to keep lawyers in business.
Seriously, if you pursue this on your own, you can. It'll just take some work and a bit of research. The website below has the NC law regarding then enforcement of a judgement. That should get you started.
Good luck.
(((Redacted)))