North Carolina Judgment by Default - B 261B

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Control #:
US-B-261B
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PDF; 
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Description

This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.

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FAQ

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 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.

After exemptions, if any, are designated by a Magistrate Judge, the judgment creditor may proceed with a Writ of Execution. The Writ should be submitted to the Clerk for issuance in pdf format via CyberClerk - category ?Submit Civil Summons.? The executed Writ will be issued, filed, and served electronically.

An Overview of Judgment Execution 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.

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.

A defendant does not file a written response to a plaintiff's complaint. Reason: The default decision or judgement by the court is taken when the defendant doesn't show up in the hearing and the court decided to take decision in favour of the other party.

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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North Carolina Judgment by Default - B 261B