Matter relating merely to the conduct of a pending proceeding or to the designation of the issues involved, which affects only the rights or convenience of the parties and does not involve any interference with the duties and functions of the court, may be the subject of a stipulation.
North Carolina Stipulation for Setting Aside Default Judgment and Permitting Answer
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US-01526BG
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FAQ
NORTH CAROLINA A judgment is a lien on real property for ten years from the entry date. N.C. Gen. Stat.
By MailPayment can be made by mail to the clerk of superior court in the county where you were charged. Do not send cash through the mail. Payments by mail should be by certified check, cashier's check, or money order, only. Personal checks will not be accepted.
Under Rule 60(b)(1) of the North Carolina Rules of Civil Procedure, a judgment may be set aside when it is shown that the judgment from which relief is sought was the result of excusable neglect. N.C. Gen. Stat.
If he does, a sheriff's deputy in that county will attempt to enforce the judgment by seizing the judgment debtor's property and selling that property to pay for your judgment.
Once the clerk (or judge) has completed the entry of default, the allegations in the plaintiff's complaint are deemed admitted and the defendant is no longer entitled to make affirmative defenses.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
In some cases, the judgment is a lien on real property in the county. This step might lead to the forced sale of non-exempt assets, such as your home or car, to satisfy the debt. That said, a sheriff sale of real property in North Carolina is not common.