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North Carolina Bond to Stay Execution on Appeal of Judgment to...

Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property

Name: Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property
Brand: US Legal Forms
Rating: 4.75 (271 reviews)

Category:

Civil Procedure - Small Claims - Appeals

State:

North Carolina

City:

Raleigh

Control #:

NC-019-SC

Format:

Instant download

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Description

This Bond to Stay Execution on Appeal of Judgment to Personal Property is an official North Carolina Small Claims Court form that complies with all applicable North Carolina codes and statutes. USLF amends and updates all North Carolina forms as is required by North Carolina statutes and law.
Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property: A Comprehensive Overview In Raleigh, North Carolina, individuals facing an adverse judgment on personal property have the option to file an appeal to protect their rights. However, to halt the execution of the judgment and suspend any collection actions, appellants may be required to provide a Bond to Stay Execution on Appeal of Judgment to Personal Property. This bond acts as a guarantee that the appellant will fulfill their obligations if the appeal is unsuccessful. Types of Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property: 1. Appeal Bond: This type of bond is commonly associated with appealing a judgment to a higher court. It ensures that the appellant will comply with the original judgment if the appeal is unsuccessful. The bond amount is typically set by the court and is generally a percentage of the judgment amount. 2. Stay Bond: A stay bond is a specific type of bond that enables the appellant to stay the execution of a judgment temporarily. By providing this bond, the appellant can delay any collection actions by the judgment creditor while awaiting the outcome of the appeal. The stay bond amount is usually determined by the court, taking into account the judgment balance and other relevant factors. 3. Execution Bond: In certain cases, the court may require an execution bond for the stay of execution on personal property. This bond ensures that the appellant will protect and preserve the personal property in question until the appeal is resolved. It provides the judgment creditor with a remedy in case of any damage or loss suffered due to negligence on the appellant's part. 4. Asset Secured Bond: Sometimes, appellants may have the option to secure the bond with specific assets instead of providing a cash deposit. This type of bond, commonly known as an asset secured bond, allows the appellant to use identified personal property as collateral. If the judgment is affirmed on appeal, the assets may be used to satisfy the outstanding judgment amount. The Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property is a crucial legal instrument that offers protection to appellants while their case is under review. It allows them to temporarily halt collection efforts, ensuring fairness in the legal process and providing an opportunity to present their arguments effectively. However, it is important to consult with a legal professional experienced in North Carolina law to navigate the complexities of this process successfully. Keywords: — Raleigh, NortCarolinain— - Bond to Stay Execution — AppealJudgmentgmen— - Personal Property — Appeal B—nd - On Bon— - Execution Bond — Asset SecureNDB—nd - Adverse Judgmen— - Collection Actions TemporaryrLtLtlt - Legal Proces— - Judgment Creditor — Higher Co—rt - Cash Deposi— - Collateral — Preservation of PersonaPropertyrt— - Legal Obligations

Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property: A Comprehensive Overview In Raleigh, North Carolina, individuals facing an adverse judgment on personal property have the option to file an appeal to protect their rights. However, to halt the execution of the judgment and suspend any collection actions, appellants may be required to provide a Bond to Stay Execution on Appeal of Judgment to Personal Property. This bond acts as a guarantee that the appellant will fulfill their obligations if the appeal is unsuccessful. Types of Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property: 1. Appeal Bond: This type of bond is commonly associated with appealing a judgment to a higher court. It ensures that the appellant will comply with the original judgment if the appeal is unsuccessful. The bond amount is typically set by the court and is generally a percentage of the judgment amount. 2. Stay Bond: A stay bond is a specific type of bond that enables the appellant to stay the execution of a judgment temporarily. By providing this bond, the appellant can delay any collection actions by the judgment creditor while awaiting the outcome of the appeal. The stay bond amount is usually determined by the court, taking into account the judgment balance and other relevant factors. 3. Execution Bond: In certain cases, the court may require an execution bond for the stay of execution on personal property. This bond ensures that the appellant will protect and preserve the personal property in question until the appeal is resolved. It provides the judgment creditor with a remedy in case of any damage or loss suffered due to negligence on the appellant's part. 4. Asset Secured Bond: Sometimes, appellants may have the option to secure the bond with specific assets instead of providing a cash deposit. This type of bond, commonly known as an asset secured bond, allows the appellant to use identified personal property as collateral. If the judgment is affirmed on appeal, the assets may be used to satisfy the outstanding judgment amount. The Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property is a crucial legal instrument that offers protection to appellants while their case is under review. It allows them to temporarily halt collection efforts, ensuring fairness in the legal process and providing an opportunity to present their arguments effectively. However, it is important to consult with a legal professional experienced in North Carolina law to navigate the complexities of this process successfully. Keywords: — Raleigh, NortCarolinain— - Bond to Stay Execution — AppealJudgmentgmen— - Personal Property — Appeal B—nd - On Bon— - Execution Bond — Asset SecureNDB—nd - Adverse Judgmen— - Collection Actions TemporaryrLtLtlt - Legal Proces— - Judgment Creditor — Higher Co—rt - Cash Deposi— - Collateral — Preservation of PersonaPropertyrt— - Legal Obligations

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How to fill out Raleigh North Carolina Bond To Stay Execution On Appeal Of Judgment To Personal Property?

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FAQ

When may a criminal defendant appeal a conviction? A defendant may give notice of appeal orally in open court or in writing within 14 days after the judge sentences him or her.

A North Carolina supersedeas bond (also referred to as an appeal bond or undertaking) is contemplated under several sections of the North Carolina General Statutes (NCGS), code of civil and appellate procedure. Right to an appeal is generally universal however a stay of execution may NOT be.

Also sometimes called an appeal bond or a defendant appeal bond, a supersedeas bond provides a financial guarantee that you will pay for any judgement in the event that your appeal fails. When plaintiffs obtain a bond they enter into a surety agreement.

A Florida supersedeas bond is a legal mechanism available to plaintiffs and defendants that have sustained a monetary judgment and wish to stay collection pending hearing of further pleadings. Rule 9.310(b) addresses the amount in which the appeal bond must be executed.

A defendant has a right to appeal when a motion to withdraw a plea of guilty or no contest has been denied. G.S. 15A-1444(e); State v. Handy, 326 N.C. 532 (1990). A defendant may retain the right to appeal the denial of a motion to suppress evidence even after the entry of a guilty plea.

(b) Stay by Bond or Other Security. At any time after judgment is entered, a party may obtain a stay by providing a bond or other security. The stay takes effect when the court approves the bond or other security and remains in effect for the time specified in the bond or other security.

A Stay of Execution Bond is a type of surety bond that a court might require before a stay of execution is granted. Stay of Execution Bonds are more commonly known as Appeal (Supersedeas) Bonds. The purpose of a Stay of Execution Bond is to ensure final judgements and costs are paid.

As argued for Musenze, the established rule under Order 43 rr 1 and 2 CPR is that, an appeal shall not operate as a stay of execution except where otherwise ordered by the Court.

A writ of execution in North Carolina is a court document ordering the sheriff of the county in which you live to seize nonexempt property to satisfy or pay a money judgment against you.

A stay sounds like you get to stay in your house, but that's not what it means legally. It means to delay making you move out. If you get a stay of execution, the judge will probably allow you to stay for up to 40 more days, but usually not longer.

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Court of Appeals of North Carolina from the final judgment of. The Title and License Manual is provided primarily as a reference guide for titling and licensing vehicles in the State of North. Carolina.In filling out number 2 of the complaint in subsidized housing (e.g. What must occur before I file an appeal with the Property Tax Commission? Prisoners in Private Prisons Can Use this Handbook . From the Court to sell through public auction the property located in the offices of Cannon. He practices family law in Raleigh, North Carolina and is the author of THE MILITARY DIVORCE HANDBOOK (Am. Chapter 14 – Criminal Law. And The North Carolina Association of Municipal Clerks. N. "Consent Judgment.

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Bond to Stay Execution on Appeal of Judgment to Personal Property

Note: This summary is not intended to be an all inclusive discussion of the law and procedures of small claims in North Carolina, but it does contain basic and other information. This summary only discusses civil claims (property and money claims that may be filed in small claims court). Criminal charges are not discussed.

Definition -

Small claims courts, also sometimes called "Peoples Court", is a court of limited jurisdiction. Limited jurisdiction means only certain matters may be filed and heard by the small claims court. There is also a maximum claim amount limitation. Small claims court offers a quick, informal and inexpensive way of resolving many types of disputes you may have with particular individuals or companies.

Maximum Amount of Claim Small Claims Court may hear in North Carolina:

$4,000.00.

Which Court hears small claims in North Carolina?

The Superior Court of North Carolina will hear all small claims actions.

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a judgment based on the law and the facts presented.

Claims over which the Small Claims Court has Jurisdiction:

The small claims court in North Carolina may hear any of the following claims if the amount in controversy does not exceed $4,000.00:

1. monetary disputes

2. recovery of specific personal property

3. summary ejectment

4. The above list is not exhaustive but does contain most of the common claims. The following claims MAY NOT be filed in small claims court: libel, slander, professional malpractice, assigned claims, and punitive damages.

Who may file a claim in small claims court?

An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (or LLC) in small claims court if jurisdiction exists to hear the claim and the amount of the claim or property involved does not exceed $4,000.00.

Must you be represented by an attorney?

The parties may be represented by attorneys if they so choose.

Things to do before you File a Claim:

Get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a Corporation or Limited Liability Company you would use the legal corporate or LLC name as the defendant. If the defendant is a Corporation or LLC, you may need to contact the secretary of state in your state and obtain the proper name and address to serve with a copy of the suit. This person is called a registered agent and is designated by the corporation to receive process or summons when the corporation is sued. Be sure to also contact the small claims court to determine the filing fee for filing the claim.

How to File the Claim:

According to the North Carolina General Statutes Chapter 7A, Article 19, the plaintiff must file his/her complaint in a small claim action in the office of the clerk of the superior court of the county wherein the defendant, or one of the defendants resides. The designation of "Small Claim" on the face of the complaint is a request for assignment. If, pursuant to order or rule, the action is assigned to a magistrate, the clerk issues a magistrate summons substantially in the form prescribed in Article 19, Section 7A-213, as soon as practicable after the assignment is made. The issuance of a magistrate summons commences the action. After the service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting.

Who serves the Defendant with summons or process and how is the defendant served:

The clerk issues a magistrate summons. The issuance of the summons commences the action. After the service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom the assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting. The defendant may be served by the sheriff or by certified mail return receipt requested.

Return of Summons:

The sheriff, constable, or other process server shall, after effecting service, endorse that fact on a copy of the summons and return it to the court clerk who will make the appropriate entry on the docket sheet of the action.

If you are the Defendant, what should you do after being served with a Statement of Claim?

Any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of the allegations in the complaint, or pleading new matter in avoidance. No particular form is required, but it is sufficient if in a form to enable a person of common understanding to know the nature of the defense intended. A general denial of all the allegations of the complaint is permissible.

Removal to another Court:

The claim may be transferred out of small claims court if the amount in dispute exceeds the statutory limit.

How are hearings scheduled?

The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses:

If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing and testify. Some employers may require that an employee be subpoenaed in order to be excused from work.

Trial Procedures:

The trial procedure is generally more informal than other courts although the formality will vary from county to county and judge to judge. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.

What happens if the defendant does not appear at trial?

Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment:

If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal:

After judgment is entered, the losing party is entitled to appeal. The appeal will be perfected by oral announcement of appeal in open court; by filing notice of appeal in the office of the clerk of superior court within 10 days after entry of judgment; and by serving a copy of the notice of appeal on all parties.

Collection of Judgment:

Judgment may be collected by writ of execution or the issuance of a lien against the judgment debtor's property.

Other Matters:

Are Motions allowed?

Motions are allowed by the parties on a limited basis.

Continuances:

Either party may be granted a continuance for good cause shown.

Out-of-Court Settlement:

If a case is settled before the hearing date, one or both parties should notify the court clerk as soon as possible so that the hearing can be canceled.

When Payment is Received:

When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims:

If the defendant wishes to file a counterclaim, the county clerk can provide the proper forms. The defendant must provide a concise statement of why the money is owed by the plaintiff. The counterclaim must be filed with the court and notice must be served on the plaintiff.

What happens if a defendant has filed bankruptcy?

If the plaintiff has filed a claim against the defendant and the plaintiff is aware that the claim is listed as a debt in a bankruptcy proceeding, federal law prohibits the plaintiff from pursuing the claim in small claims court.

Common Forms used in Small Claims Court:

Claim Statement/Complaint

Summons

Return of Summons

Answer

Subpoena

Abstract of Judgment

Statutes:

For more information concerning the Small Claims procedure in North Carolina please see the North Carolina General Statutes Chapter 7A, Article 19.

Bond to Stay Execution on Appeal of Judgment to Personal Property

Definition -

Maximum Amount of Claim Small Claims Court may hear in North Carolina:

$4,000.00.

Which Court hears small claims in North Carolina?

The Superior Court of North Carolina will hear all small claims actions.

Who hears the claims in small claims court?

Claims over which the Small Claims Court has Jurisdiction:

The small claims court in North Carolina may hear any of the following claims if the amount in controversy does not exceed $4,000.00:

1. monetary disputes

2. recovery of specific personal property

3. summary ejectment

Who may file a claim in small claims court?

Must you be represented by an attorney?

The parties may be represented by attorneys if they so choose.

Things to do before you File a Claim:

How to File the Claim:

Who serves the Defendant with summons or process and how is the defendant served:

Return of Summons:

If you are the Defendant, what should you do after being served with a Statement of Claim?

Removal to another Court:

The claim may be transferred out of small claims court if the amount in dispute exceeds the statutory limit.

How are hearings scheduled?

The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses:

Trial Procedures:

What happens if the defendant does not appear at trial?

Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment:

If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal:

Collection of Judgment:

Judgment may be collected by writ of execution or the issuance of a lien against the judgment debtor's property.

Other Matters:

Are Motions allowed?

Motions are allowed by the parties on a limited basis.

Continuances:

Either party may be granted a continuance for good cause shown.

Out-of-Court Settlement:

If a case is settled before the hearing date, one or both parties should notify the court clerk as soon as possible so that the hearing can be canceled.

When Payment is Received:

When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims:

What happens if a defendant has filed bankruptcy?

Common Forms used in Small Claims Court:

Claim Statement/Complaint

Summons

Return of Summons

Answer

Subpoena

Abstract of Judgment

Statutes:

For more information concerning the Small Claims procedure in North Carolina please see the North Carolina General Statutes Chapter 7A, Article 19.

Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property

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How to fill out Raleigh North Carolina Bond To Stay Execution On Appeal Of Judgment To Personal Property?

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FAQ

How long do you have to appeal a conviction in NC?

What is an appeal bond in North Carolina?

What is the purpose of a supersedeas bond?

What is a supersedeas bond in Florida?

Can you appeal a plea deal in North Carolina?

What is a stay bond?

What does it mean to stay a bond?

Does an appeal automatically stay execution?

What is a Writ of Execution in nc?

How long is a stay of execution?

Interesting Questions

What does it mean to 'stay execution on appeal of judgment to personal property' in the case of Raleigh Bond?

Why would Raleigh Bond want to stay execution on appeal of judgment to personal property?

How long can Raleigh Bond stay the execution on appeal of judgment to personal property?

What happens if the stay on execution is granted for Raleigh Bond?

Can Raleigh Bond sell or dispose of their personal property once the execution is stayed?

Is Raleigh Bond still responsible for the judgment amount during the stay on execution?

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Trusted and secure by over 3 million people of the world’s leading companies

Raleigh North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property

Description

Related forms

Viewed forms

How to fill out Raleigh North Carolina Bond To Stay Execution On Appeal Of Judgment To Personal Property?

Form popularity

FAQ

How long do you have to appeal a conviction in NC?

What is an appeal bond in North Carolina?

What is the purpose of a supersedeas bond?

What is a supersedeas bond in Florida?

Can you appeal a plea deal in North Carolina?

What is a stay bond?

What does it mean to stay a bond?

Does an appeal automatically stay execution?

What is a Writ of Execution in nc?

How long is a stay of execution?