North Carolina Assignment of Judgment to Attorney for Collection

State:
Multi-State
Control #:
US-02701BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Many people reach an agreement about the terms of payment after the court decides how much money one party must pay the other. If there is no agreement, the winning party can begin the collections process. The clerk of superior court will record the judgment, and interest will begin to accrue if it is not paid.

In North Carolina a judgment accrues 8% interest from the time it is entered. Judgment can be enforced by execution/through Court process. A creditor with a judgment can attempt to use some of your property to pay the judgment. However, the creditor MUST use the Court system before getting access to your property.

By definition, when there is an assignment of a judgment, the assignee becomes the party in interest and the assignor has no further interest in the action or the enforcement of the judgment.

4 Ways a North Carolina Judgment Goes Away Payment (or Settlement) Naturally, one could pay off a judgment which would resolved the judgment debt. ... Expiration of Judgment. In North Carolina, a judgment is enforceable for 10 years from the date it was entered. ... Voided by Bankruptcy Discharge. ... Set Aside or Vacate Judgment.

The Writ of Execution This writ of execution directs the Sheriff's Office to identify assets, seize them, and sell them at an auction, with the proceeds paid to satisfy the judgment.

The judgment and the lien are valid for ten years following the rendition of the judgment. After a judgment becomes a lien upon the debtor's real property, any subsequent change in ownership is subject to the lien.

North Carolina's property exemptions usually cover most property owned by someone facing a judgment. North Carolina allows you to exempt: Up to $35,000 in equity in your primary residence. Up to $3,500 in equity in a vehicle.

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.

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North Carolina Assignment of Judgment to Attorney for Collection