It is often said that the real work begins once you have a judgment against an individual or business. The skills of a licensed attorney can be invaluable in this arena. The post-judgment process, or Supplemental Proceedings as it is formally known in North Carolina, can appear to be a maze of confusing and ambiguous statutes.
It is not at all clear which processes are available and in which order they should be taken.
Kurtz Law is well-versed in post-judgment collection. We assist our clients with the following:
∙ Notice of Rights and exemptions
∙ Writs of Execution and Possession
∙ Debtor examinations
∙ Bank garnishments
∙ Supplemental Proceedings, including debtor Interrogatories
∙ Asset seizure and execution sales
∙ Motions in Supplemental Proceedings, including Motions forbidding transfer of the debtor’s property and motions for property in the hands of third parties
∙ Assignments for the benefit of the creditor
∙ Sheriff’s demand for information
Our goal is to use all of the collections procedures that the law allows.
To make the best effort, we gather as much information as possible about the debtor including, but not limited to, real property, personal and corporate information on the owners of the business, personal property, UCC filings, sources of income for the debtor, pending lawsuits and judgments, state and federal tax lien filings and any other information that could lead to assets.
As the client, you will be able to make informed decisions about the viability of your judgment and avenues for collection.
Judgments in North Carolina are valid for ten years. While a judgment may not appear collectible at the time of its entry, the presence of a judgment against a debtor may be valuable in time.
If you have a judgment that was previously entered and are wondering what steps you may be able to take years later, consult with Kurtz Law for your options.
In the event that a judgment obtained is nearing the end of its life, we can assist you with “renewing” that judgment for an additional ten years.
Judgments obtained in other states and outside of the United States are generally able to be filed for collection in North Carolina. Special statutory provisions govern these types of judgment and it is best to consult with an attorney for the proper procedure.
Once the judgment is filed in North Carolina, we can provide action and consultation on using North Carolina judgment procedures for collection.