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What steps must occur between the time the court signs the judgment and the sheriff gets to the debtor’s doorstep?

For Corporations: The creditor must serve the corporate debtor with a copy of the judgment and a letter notifying the debtor of the judgment. In terms of the debt collection laws in NC, the debtor then has a 30-day period in which it may appeal the judgment. Thereafter, the creditor may submit a Writ of Execution to the clerk of superior court in the county in which the judgment was granted, and once issued, submit the writ to the sheriff.

For Individuals: The first steps remain the same as above in terms of serving a copy of the judgment and the appeal period. However, before the writ of execution can be issued, the creditor must submit a Notice of Right to Claim Exempt Property (NOR) to the clerk of superior court and have this document along with copies of a motion to claim such property. The Clerk issues the NOR, which must be served by sheriff or certified mail on the individual debtor. If the debtor avoids service by these means, then the creditor must resend the documents by first-class mail to the debtor’s last known address. If service is completed by the sheriff or certified mail, then the debtor has 20 days to submit the Motion to Claim Exempt Property. If service is accomplished by first-class mail, then the debtor has 20 days to file the motion. If a motion is filed, then the clerk determines what property is to be exempted before a writ of execution is issued. If no motion is filed, or if the motion is submitted late, then the Writ is issued without exemptions.

Collections Post-Judgement Collections 

This information applies to All Counties in North Carolina.


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