Judgment recovery is the process of collecting on a court judgment, which is a legally enforceable decision made by a court in a civil case. In North Carolina, judgment recovery can be a complex and time-consuming process, as the state has specific laws and procedures that must be followed.
One of the first steps in judgment recovery in North Carolina is to obtain a writ of execution, which is a court order that directs the sheriff to seize and sell the judgment debtor's property to pay off the debt. The writ must be served on the judgment debtor and any interested parties, such as a bank or mortgage lender.
Once the writ has been served, the sheriff has the authority to seize and sell the judgment debtor's property, including real estate and personal property. The sheriff can also garnish the debtor's bank accounts and seize any personal property that is not exempt from execution, such as household goods and tools of the trade. Employment wages are generally exempt from garnishment in North Carolina.
In North Carolina, certain types of property are exempt from execution, including the debtor's primary residence, motor vehicles, and retirement accounts. The amount of these exemptions varies depending on the type of property and the debtor's circumstances.
If the judgment debtor does not have sufficient non-exempt assets to satisfy the judgment, the creditor may have to consider other options, such as filing a lien against the debtor's property or pursuing a judgment lien certificate, which is a document that gives the creditor a lien on the debtor's real estate.
Collecting on a judgment in North Carolina can be a complex and time-consuming process, and it is important to seek the advice of an experienced attorney to ensure that all legal requirements are met and that the creditor's rights are protected.
If you need assistance with an asset search, contact Eric Neal with PIF Solutions, LLC.
