To seize the money in a bank account or the contents of a safe deposit box, you need the name of the bank, the branch, the exact name on the account, and the account number. Fill out and send the Writ to the Clerk with a cover letter and $25.00 fee to have the Writ entered. N.C.G.S. Id. The net proceeds of a Sheriff’s sale, after deducting the Sheriff’s commission and expenses of sale, are delivered by the Sheriff to the Clerk. Id. Judgment enforced by execution. Marshal to enforce and satisfy a judgment for payment of money. Applying the Centrifuge: Supplemental Proceedings Once the Writ of Execution is returned unsatisfied, the post-judgment alchemist’s toolbox expands significantly regarding available next steps. The writ will tell the bank how much of the $500 they are to withdraw from your account. § 1-368. The statutes prevent you from taking money out of the account until satisfaction of the debt. § 1-305. § 1-359 a bank voluntarily can pay, if it chooses, to the sheriff the amount in a judgment debtor's bank account when it is notified that there is an outstanding writ of execution against its depositor.” Faught v. Branch After the period of claiming exemptions has expired and any objections have been resolved, the judgment creditor may request a Writ of Execution to the Clerk of Court for issuance of an Order for Execution. This Writ Of Execution was served as follows: $ $ $ Total Sum Collected Amount Retained For Expenses Service Fee Paid Date Received Paid By Date Executed The Writ of Execution (Form AOC-CV-400) is an order from the Clerk of Court (only clerks – not judges – may issue these) determining the dollar amount owing on your judgment and commanding the county Sheriff to satisfy that judgment by seizing and selling the debtor’s property, subject to any claimed exemptions. If the Sheriff finds no property on which to levy, is returned unsatisfied to the Clerk. N.C.G.S. The Sheriff has 90 days to act on a Writ of Execution. Id. efforts. A writ of execution expires if it isn’t executed by the sheriff, marshal, or constable within a certain number of days. With careful planning of your post-judgment strategy, often involving the simultaneous deployment of multiple motions along with written interrogatories, the post-judgment alchemist may successfully transform her paper judgment into settlement payments on outstanding debt. In North Carolina, there are several items an individual can protect from the judgment’s reach. If the debtor timely files her Motion to Claim Exempt Property, the judgment creditor is afforded 10 days after service of the debtor’s motion to object to the claimed exemptions. Bank levies begin in the courtroom when a judge determines a creditor has the right to collect money from you for a past-due account. North Carolina is one of only four states that does not provide for statutory wage garnishment in the judgment-execution context, and a levy on funds is frequently the closest available option for collection efforts. When such an order is obtained, the court appoints the sheriff or a levying officer to officially take authority over or possession of the property of the judgment debtor. not encumbered by a lien or deed of trust, a search of NCDMV records for any vehicles not encumbered by a lien, and one or more in-person visits to the debtor. The judgment debtor has twenty (20) days from the date of service within which to file the Motion designating her exempt property and/or to request a hearing before the Clerk. If you were served with a garnishment package, please read through all the court documents carefully. Id. §§ 1-358, 1-360, and 1-362 seeking an order compelling the depository bank to appear via affidavit and provide the Clerk with an accounting of the funds it owes to the debtor and enjoining the bank from disbursing or encumbering those funds until further order of the Clerk. N.C.G.S. Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution, as provided in this Article. Do not annoy the Sheriff with overly-frequent calls! If your debtor is a corporate entity, proceed to Step 2. Where the judgment creditor learns that property of the debtor may be subject to immediate transfer or disposition by the debtor or a third party in possession or control, the creditor may move the Court for an order restricting the debtor’s or third party’s ability to transfer, assign, or otherwise dispose of that property. This is because joint accounts are not separate property. STATE OF NORTH CAROLINA File No. Id.§ 1-352. Wages also can be garnished to collect the money. For sales of personal property, notice of the sale is posted at the courthouse for 10 days prior to the sale date, the property is sold to the highest bidder, and the Sheriff submits a report regarding the proceeds of the sale within five days. § 1-358. If the payment received is less than full payment of the judgment amount, the Clerk credits the judgment with the proceeds received and then sends payment to the. It is critically important to note that each of the below-discussed supplemental post-judgment proceedings becomes available only after a Writ of Execution has been issued (and in some cases, only after the Writ is returned unsatisfied). financial institution pursuant to the attached writ of execution. You can ask the Clerk to send the issued Writ back to you for your subsequent delivery to the Sheriff, or ask the Clerk to forward the Writ directly to the Sheriff for service. 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