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North Carolina Motion for Satisfaction of Money Judgment by Judicial Sale

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A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. 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.

A North Carolina Motion for Satisfaction of Money Judgment by Judicial Sale is a legal document filed by a judgment creditor seeking to satisfy a money judgment by requesting the court to issue an order to sell the defendant's property. This motion is commonly used when the judgment debtor fails to pay the judgment voluntarily, and the creditor seeks to enforce the judgment by selling the debtor's property. In North Carolina, there are two types of Motions for Satisfaction of Money Judgment by Judicial Sale: the Motion for Ordinary Judicial Sale and the Motion for Special Judicial Sale. The Motion for Ordinary Judicial Sale is used when the judgment creditor seeks to sell the defendant's property through a public auction or Sheriff's sale. This type of sale typically involves real property, such as a house or land, but can also include personal property if it holds significant value. On the other hand, the Motion for Special Judicial Sale is used in cases where the judgment creditor seeks to sell specific types of property that require special expertise or a particular method of sale. These types of properties may include cars, boats, artwork, or other valuable assets. When filing a Motion for Satisfaction of Money Judgment by Judicial Sale in North Carolina, the creditor must provide detailed information about the judgment debtor, the amount owed, and a clear description of the property they intend to sell. They should also include evidence of their attempts to collect the debt and the debtor's failure to comply with payment arrangements. It is essential to follow the proper procedural rules and deadlines when filing the motion to ensure its validity and effectiveness. Consultation with a qualified attorney is recommended to navigate the legal complexities associated with enforcing a money judgment through judicial sale in North Carolina. Some relevant keywords for this topic may include: — North Carolina Motion for Satisfaction of Money Judgment — Judicial Sale in NortCarolinain— - North Carolina Judgment Enforcement — Satisfaction of Money Judgment by Sale — Execution of Judgment in North Carolina — Selling Property to Satisfy Judgment in North Carolina — North Carolina Sheriff's Sal— - Special Judicial Sale in North Carolina — Enforcement of Money Judgment in North Carolina.

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If you are buying or own a house with land, the judgment becomes a lien on the property. This means it must be paid off before you sell or the creditor can force a sale to pay the judgment. Judgment accrues interest. In North Carolina a judgment accrues 8% interest from the time it is entered.

? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.

Enforcing Your Civil Judgement In North Carolina Step 1: Remember that Judgment Debtors Have Legally-Protected Rights. ... Step 2: File A Writ of Execution. ... Step 3: Observe the Legal Time Limits. ... Step 4: Analyze Risk before Litigating.

In North Carolina, a judgment is enforceable for 10 years from the date it was entered. After that point, it no longer can be enforced and is expired. Prior to the expiration of the judgment, the judgment creditor could seek to have it extended for another 10 years once.

Judgment accrues interest - 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.

A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

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.

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Dec 1, 2006 — Home · Documents · Forms; Certificate Of Payment/Satisfaction Of Judgment By Judgment Creditor. By North Carolina Judicial Branch. Jul 28, 2021 — Success in court can lead to a monetary judgment in your favor: a piece of paper establishing your right to payment.Nov 18, 2020 — Fill out and send the Writ to the Clerk with a cover letter and $25.00 fee to have the Writ entered. You can ask the Clerk to send the issued ... (7) Entries of payment or satisfaction on the judgment dockets in the office of the clerk of the superior court by any person other than the clerk shall be made ... (5) The judgment creditor has 10 days from the date served with a motion and schedule of assets or from the date of a hearing to claim exemptions to file an. TO THE CLERK OF SUPERIOR COURT: I certify that: 1. I am or I represent the plaintiff/judgment creditor defendant/judgment creditor in the ... Notice to judgment debtor of sale of real property. In addition to complying with G.S. 1-339.52, relating to posting and publishing the notice of sale, the ... You have to fill out this form with information about the property you own and how much money you make and mail it back to the judgment creditor within 30 days ... You can go to the court clerk's office and check the court's records to confirm that the judgment has been entered; and; There is no stay (suspension or ... When a money judgment is satisfied, the judgment creditor must immediately file an acknowledgement of satisfaction of judgment with the court. This section ...

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North Carolina Motion for Satisfaction of Money Judgment by Judicial Sale