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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.
The limit on the amount of money a person can request in small claims court varies from $5,000 to $10,000, depending on the county.
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.
If the creditor wants you to pay them money, they can take you back to court on a Supplemental Process to ?garnish your wages.? They can take money out of your paycheck before you get paid. If you are collection proof, the creditor cannot take any of your assets or income even though they have a judgment against you.
Small claims court is part of the district court division. Cases are heard by a magistrate with no jury and litigants usually represent themselves. Cases include: Claims for $10,000 or less.
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.
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.
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. Judgment can be enforced by execution/through Court process.