How Do I Stop My Property From Being Taken Under a Writ of Execution?
Full Question:
Answer:
Yes, if the creditor gets a writ of execution, they may seize property owned by you, such as a vehicle or other asset. The answer will depend on all the facts involved, such as the basis for the debt. In some cases, a writ of execution is ordered after a judgment remains unpaid. The sheriff must give at least 10 days’ notice before an execution sale.
If there was something improper about the order, such as being based on a judgment you didn’t receive notice of, it is possible that a motion to stay the execution may be filed.
Please see the following NC statutes:
§ 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance.
"(a) Subject to the provisions of G.S. 1A-1 (Rule 62) and subsection (b) below, the clerk of superior court shall issue executions on all unsatisfied judgments entered in the clerk's court, which are in full force and effect, upon the request of any party or person entitled thereto and upon payment of the necessary fees; provided, however, that the clerks of the superior court shall issue executions on all judgments entered in their respective courts on forfeiture of bonds in criminal cases within six weeks of the entry of the judgment, without any request or any advance payment of fees. Every clerk who fails to comply with the requirements of this section is liable to be amerced in the sum of one hundred dollars ($100.00) for the benefit of the party aggrieved, under the same rules that are provided by law for amercing sheriffs, and is further liable to the party injured by suit upon the clerk's bond."
S.L. 2010-96 Session of 2010 — SENATE BILL 1165
"Section 1-306. Enforcement as of course.
The party in whose favor judgment is given, and in case of the party's death, the party's personal representatives duly appointed, may at any time after the entry of judgment proceed to enforce it by execution, as provided in this Article. However, no execution upon any judgment which requires the payment of money may be issued at any time after ten years from the date of the entry thereof; but this proviso shall not apply to any execution issued solely for the purpose of enforcing the lien of a judgment upon any homestead, which has or shall hereafter be allotted within the ten years from the date of entry of the judgment, or any judgment directing the payment of alimony. Further, no execution upon any judgment which requires the recovery of personal property may be issued at any time after 10 years from the date of the entry of the judgment. "
1-339.54. 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 sheriff shall, at least ten days before the sale of real property,
(1) If the judgment debtor is found in the county, serve a copy of the notice of sale on him personally, or
(2) If the judgment debtor is not found in the county,
a. Send a copy of the notice of sale by registered mail to the judgment debtor at his last address known to the sheriff, and
b. Serve a copy of the notice of sale on the judgment debtor's agent, if there is in the county a person known to the sheriff to be an agent who has custody or management of, or who exercises control over, any property in the county belonging to the judgment debtor.
