North Carolina Foreign Judgment Enrollment
North Carolina General Statutes
Chapter 1C.
Enforcement of Judgments.
ARTICLE 17.
Uniform Enforcement of Foreign Judgments Act.
Short title.
This Article shall be known and may be cited as the Uniform Enforcement
of Foreign Judgments Act. Chap. 1C, Art. 17, § 1C-1701.
Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Foreign Judgment" means any judgment, decree, or order
of a court of the United States or a court of any other state which is
entitled to full faith and credit in this State, except a "child support
order," as defined in G.S. 52C-1-101 (The Uniform Interstate Family Support
Act), a "custody decree," as defined in G.S. 50A-102 (The Uniform Child-Custody
Jurisdiction and Enforcement Act), or a domestic violence protective order
as provided in G.S. 50B-4(d).
(2) "Judgment Debtor" means the party against whom a foreign
judgment has been rendered.
(3) "Judgment Creditor" means the party in whose favor a foreign
judgment has been rendered. Chap. 1C, Art. 17, § 1C-1702.
Filing and status of foreign judgments.
(a) A copy of any foreign judgment authenticated
in accordance with an act of Congress or the statutes of this State may
be filed in the office of the clerk of superior court of any county of
this State in which the judgment debtor resides, or owns real or personal
property. Along with the foreign judgment, the judgment creditor
or his attorney shall make and file with the clerk an affidavit which states
that the foreign judgment is final and that it is unsatisfied in whole
or in part, and which sets forth the amount remaining unpaid on the judgment.
(b) Upon the filing of the foreign judgment and the affidavit,
the foreign judgment shall be docketed and indexed in the same manner as
a judgment of this State; however, no execution shall issue upon the foreign
judgment nor shall any other proceeding be taken for its enforcement until
the expiration of 30 days from the date upon which notice of filing is
served in accordance with G.S. 1C-1704.
(c) A judgment so filed has the same effect and is subject
to the same defenses as a judgment of this State and shall be enforced
or satisfied in like manner; provided however, if the judgment debtor files
a motion for relief or notice of defense pursuant to G.S. 1C-1705, enforcement
of the foreign judgment is automatically stayed, without security, until
the court finally disposes of the matter. Chap. 1C, Art. 17, § 1C-1703.
Notice of filing; service.
(a) Promptly upon the filing of a foreign judgment
and affidavit, the judgment creditor shall serve the notice of filing provided
for in subsection (b) on the judgment debtor and shall attach thereto a
filed-stamped copy of the foreign judgment and affidavit. Service
and proof of service of the notice may be made in any manner provided for
in Rule 4(j) of the Rules of Civil Procedure.
(b) The notice shall set forth the name and address of the
judgment creditor, of his attorney if any, and of the clerk's office in
which the foreign judgment is filed in this State, and shall state that
the judgment attached thereto has been filed in that office, that the judgment
debtor has 30 days from the date of receipt of the notice to seek relief
from the enforcement of the judgment, and that if the judgment is not satisfied
and no such relief is sought within that 30 days, the judgment will be
enforced in this State in the same manner as any judgment of this State.
Chap. 1C, Art. 17, § 1C-1704.
Defenses; procedure.
(a) The judgment debtor may file a motion for relief
from, or notice of defense to, the foreign judgment on the grounds that
the foreign judgment has been appealed from, or enforcement has been stayed
by, the court which rendered it, or on any other ground for which relief
from a judgment of this State would be allowed.
(b) If the judgment debtor has filed a motion for relief or
notice of defenses then the judgment creditor may move for enforcement
of the foreign judgment as a judgment of this State. The judgment creditor's
motion shall be heard before a judge of the trial division which would
be the proper division for the trial of an action in which the amount in
controversy is the same as the amount remaining unpaid on the foreign judgment.
The Rules of Civil Procedure (G.S. 1A-1) shall apply. The judgment
creditor shall have the burden of proving that the foreign judgment is
entitled to full faith and credit. Chap. 1C, Art. 17, § 1C-1705.
Fees.
The enforcement of a foreign judgment under this Article shall
be subject to the costs and fees set forth in Article 28 of Chapter 7A
of the General Statutes. The amount remaining unpaid on the foreign
judgment as set forth in the affidavit filed under G.S. 1C-1703(b) shall
determine the amount of the costs to be collected at the time of the filing
of the foreign judgment and assessed pursuant to G.S. 7A-305. Chap. 1C,
Art. 17, § 1C-1706.
Optional procedure.
This Article may not be construed to impair a judgment creditor's
right to bring a civil action in this State to enforce such creditor's
judgment. Chap. 1C, Art. 17, § 1C-1707.
Judgments against public policy.
The provisions of this Article shall not apply to foreign judgments
based on claims which are contrary to the public policies of North Carolina.
Chap. 1C, Art. 17, § 1C-1708.
