Writ of Execution and Transcription of Judgment to Other Counties
For many litigants, obtaining a judgment in trial court proceedings is easier than the part that comes after – collecting. Forcing a judgment debtor to pay is no easy task, even when the sheriff is involved. First, you have to hope the judgment debtor has collectible assets. Second, you have to locate them. The Raleigh collection attorneys of Maginnis Law can help you through both the process of obtaining a judgment and collecting it. To speak with a Raleigh lawyer, call the firm at 919.480.8526. You may also send new case inquires through our contact page.
If a judgment debtor does not file a Notice of Appeal within thirty days of the judgment being entered, collection efforts can begin. The first step depends on whether the judgment is against an individual or a business entity. If the judgment debtor is an individual, a “Notice of Right to Claim Exempt Property” and an attached “Motion to Claim Exempt Property” must first be served. This allows the individual judgment debtor to claim certain property as exempt from execution. If the judgment debtor is a business entity, these documents do not need to be served.
If the judgment debtor is a business entity, after the thirty day appeals period has ended, the judgment creditor may immediately take out a Writ of Execution in the county in which the judgment was obtained. This document is issued to the sheriff and instructs him to collect the amount owed pursuant to the judgment. If necessary, the sheriff will auction the assets of the judgment debtor found in his county. If the judgment debtor has assets in another North Carolina county, the judgment must be “transcribed” to that county. Then, the Clerk of Court from the county where the judgment was obtained may issue a Writ of Execution to the sheriff of the county where the assets are located. For individual judgment debtors, the Writ of Execution may not be issued until after the exempt property has been determined, but, otherwise, the process is the same.
The Wake County law firm of Maginnis Law provides free consultations to all businesses and potential collections clients and also offers a variety of billing arrangements. If you have a collections matter or any other business litigation issue, and need legal assistance, call Maginnis Law to speak with a knowledgeable Raleigh attorney. Our lawyers may be reached at 919.480.8526 or 919.526.0450. We represent individuals and businesses from around the Triangle area, including: Raleigh, Durham, Cary, Apex, Chapel Hill, Fayetteville, Morrisville, and Wake Forest.