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A person is judgment proof when all their income and property are exempt from creditors' claims under the law. A debtor who has no savings or assets and no job (or a low-paying job) can also be considered judgment proof.
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.
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.
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.
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.
NORTH CAROLINA A judgment is a lien on real property for ten years from the entry date. N.C. Gen. Stat.
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.