Issue: So you’ve won the court case but the defendant-debtor hasn’t paid. What to do now? You are in Post-Judgment Collection land. Either you begin post-judgment collection methods or you can frame that court judgment. No action means no collecting on that judgment. First North Carolina has some archaic post judgment collection laws. They are still based on laws passed in the 1880s with minor revisions in the 1930s and over the years. North Carolina is considered a debtor friendly state. We are post-judgment collection attorneys for North Carolina creditors. We get referrals from other North Carolina Attorneys in collecting on debts. In working on a multi-million dollar judgment, we have gone well beyond the standard process of sending out the Notice of Exemptions pursuant to NCGS 1C-1601 and issuing a writ of execution for the sheriff to seize the property. First, we investigate the judgment Debtors’ assets in the public records. We include that with our writ to the sheriff. Nonetheless, most of the time the writ is returned unsatisified or partially unsatisfied. When that happens, we really begin the NC post judgment collection process. But I’m getting ahead of myself. Before we get the writ of execution issued, a lot of times we object to the debtor’s claim for exempt property. We go and have a hearing in court to examine the debtors assets and values and exemptions. We make the court rule what’s exempt and what’s not. After that hearing, we get the writ of execution issued. Then when the writ comes back unsatisfied we follow up with supplemental discovery of assets. We dig into what assets the debtor has using the discovery rules. We get motions to inspect property. This gives us an order to go through the judgment debtors property. We end this process with a deposition of the judgment debtor to go over their property and its value. Last but not least, we get an order compelling the judgment debtor not to disburse assets. This in effect shuts them down. This process is especially helpful in ascertaining assets and getting our clients paid.
Unfortunately, in 2012, the Administrative Office of the Court made collecting even harder. It used to be the case that when you knew where the debtor banked, you would send a Motion for an Order in Aid to get the sheriff to seize the money in the bank. The order in aid could be signed by a clerk or judge without notice to the debtor. Now the courts have been told this motion needs to be sent to debtor also. Imagine the result, the debtor knows what you are going to do and they withdraw the money before the sheriff gets there.
Another tip to attorneys litigating a case: in your main case, ask discovery questions about the debtors assets. It’s discoverable. This gives the client an upper hand after they get a judgment order.
Call our post judgment collection attorneys North Carolina to discuss handling your collection matter. Attorney Referrals are welcome. 336-723-7200
Here’s one section on exemptions for debtors. http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_1C/GS_1C-1601.pdf Corporations do not get exemptions, only persons.
Post judgment collection attorneys North Carolina
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