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What if the Writ is returned unsatisfied?

North Carolina is a debtor-friendly state – or so most creditors will tell you. If a Writ is returned unsatisfied, the creditor has the door opened for additional tools to search for assets. A creditor may seek an Order in Aid of Execution to obtain access to a debtor’s bank accounts though it should be noted that there are questions at this time as to whether the old practice of obtaining this type of order via ex parte hearing is still available or whether an actual hearing in open court with prior notice to the debtor is required (needless to say the latter makes the effort unlikely to succeed in locating assets).

An Order in Aid can also be utilized to seize accounts receivable owed to the debtor (but not to garnish wages) in a post-judgment collection. The debtor may be served with supplemental interrogatories or may be summoned to appear at the clerk’s office in the county in which he/she resides to submit to a supplemental examination (similar to a deposition) regarding his/her assets.

Collections Post-Judgement Collections 

This information applies to All Counties in North Carolina.

Source: https://hscattorneys.com/post-judgment-collections-faqs/

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