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North Carolina Writ of Execution Package

Category:
Federal - District Court - Eastern District
State:
North Carolina
Control #:
NC-SKU-0206
Format:
PDF
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Description

Writ of Execution Package
A North Carolina Writ of Execution Package is a legal document used by a creditor or attorney to enforce a civil judgment. This document can be used to take possession of a debtor's property, such as real estate or personal property, in order to satisfy a debt. The package typically includes the writ of execution, a sheriff's fee schedule, a notice to the debtor, and an affidavit of service of the writ. There are two types of North Carolina Writ of Execution Packages: a conventional writ of execution package and a writ of execution package for real estate. The conventional writ of execution package includes the writ of execution, the sheriff's fee schedule, the affidavit of service, and the notice to debtor. The writ of execution package for real estate includes the writ of execution, the sheriff's fee schedule, the affidavit of service, the notice to debtor, and a deed of trust.

A North Carolina Writ of Execution Package is a legal document used by a creditor or attorney to enforce a civil judgment. This document can be used to take possession of a debtor's property, such as real estate or personal property, in order to satisfy a debt. The package typically includes the writ of execution, a sheriff's fee schedule, a notice to the debtor, and an affidavit of service of the writ. There are two types of North Carolina Writ of Execution Packages: a conventional writ of execution package and a writ of execution package for real estate. The conventional writ of execution package includes the writ of execution, the sheriff's fee schedule, the affidavit of service, and the notice to debtor. The writ of execution package for real estate includes the writ of execution, the sheriff's fee schedule, the affidavit of service, the notice to debtor, and a deed of trust.

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FAQ

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

In North Carolina, the process of collecting a judgment ? called "judgment execution" ? is a process governed by statute. The execution process generally lasts for a period of up to 90 days once it has been issued.

The Writ of Execution (Form AOC-CV-400) is an order from the Clerk of Court (only clerks ? not judges ? may issue these) determining the dollar amount owing on your judgment and commanding the county Sheriff to satisfy that judgment by seizing and selling the debtor's property, subject to any claimed exemptions. Id.

In North Carolina, the process of collecting a judgment ? called "judgment execution" ? is a process governed by statute. The execution process generally lasts for a period of up to 90 days once it has been issued.

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.

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More info

The purpose of this packet is intended to guide individuals who are requesting a Writ of. Execution. Please note the following:.In order to have a Writ of Execution enforced, you must download and complete a "writ packet" (linked below) and pay all designated fees. Items 11 - 19 — Enter clerk's judgment. (1) for restitution of the premises only and issue a writ of execution on the judgment. A levy packet should consist of the following: ▫ Original Writ of Execution—Money Judgment (form EJ-130). ▫ Notice of Levy (form EJ 150). Complete form CV-24, "Affidavit and Request for Issuance of Writ of Execution. " Complete form CV-23, "Writ of Execution. The writ must be served with a Notice of Execution, Exemptions and Right to a Hearing form, and two (2) Requests for Hearing, each enclosed within this packet.

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