Execution On A Judgment | Pdf Fpdf Doc Docx | North Carolina

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Execution On A Judgment | Pdf Fpdf Doc Docx | North Carolina

Execution On A Judgment

This is a North Carolina form that can be used for USDC Western within Federal.

Alternate TextLast updated: 8/2/2006

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11/6/03 EXECUTION ON A JUDGMENT JUDGMENT AGAINST AN INDIVIDUAL The procedure on execution shall be in accordance with the practice and procedure of the state in which the district court is held (Rule 69(a) F.R.C.P.). A judgment creditor may file a pre- execution demand after ten (10) days from the entry of the judgment. The pre-execution demand consists of: 1. NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED. 2. SCHEDULE OF DEBTORS PROPERTY AND REQUEST TO SET ASIDE EXEMPT PROPERTY. 3. MOTION TO CLAIM EXEMPT PROPERTY (Constitutional Exemptions). The three (3) documents as set out above are to be served on the judgment debtor. The judgment creditor prepares the forms to be submitted with an extra copy of each to the Clerk of Court. The Clerk will issue the Notice of right to set off debtors exempt prope rty, file-stamp the original notice which will be retained in the courts case file. Copies of t his notice will be returned to the judgment creditor for service on the judgment debtor along with 1) Schedule Of Debtors Property & Request To Set Aside Exempt Property and 2) Motion to Claim Exempt Property forms. SCHEDULE OF PROPERTY/REQUEST TO SET ASIDE EXEMPT PROPERTY FILED: The judgment debtor has twenty (20) days to file either form, an executed Schedule Of Property & Request To Set Aside Exempt Property or the Motion to Claim Exempt Property. The Schedule or Motion will be forwarded to a Magistrate Judge for consideration and entry of an order thereon. After exemptions, if any, are designated by the Magistrate Judge, the judgment creditor may proceed with a Writ of Execution. The Writ should be submitted to the C lerk for issuance. The issued Writ of Execution should be accompanied by: Two (2) certified copies of the judgment. Two (2) certified copies of the order designating exemptions. Original and one copy of the issued Writ of Execution form. Completed U.S. Marshals Service Form USM-285. This package will be returned to the judgment creditor to make arrangements with the United States Marshals Office for execution of the property. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2FAILURE TO FILE SCHEDULE OF PROPERTY/REQUEST TO SET ASIDE EXEMPT PROPERTY OR MOTION TO CLAIM EXEMPT PROPERTY: In the event a judgment debtor fails to file the schedule or motion within the time prescri bed, the judgment creditor should submit for filing the following: 1. MOTION FOR FINAL EXECUTION AND ORDER TO PRECLUDE EXEMPT PROPERTY RIGHTS. 2. PROPOSED FORM OF ORDER FOR FINAL EXECUTION AND PRECLUSION OF EXEMPT PROPERTY. After execution of the Order, the judgment creditor may submit the Writ of Execution to be issued by the Clerk. The issued Writ of Execution should be accompanied by: Two (2) certified copies of the judgment. Two (2) certified copies of the Order for Final Execution and Preclusion of Exempt Property. Original and one copy of the issued Writ of Execution form. Completed U.S. Marshals Service Form USM-285. This package will be returned to the judgment creditor to make arrangements with the United States Marshals Office for execution of the property. JUDGMENT AGAIN ST A CORPORA TION If a judgment is to be executed in this district, the judgment creditor may proceed with a Writ of Execution ten (10) days after the judgment is entered. The proposed Writ of Execution form should be submitted for issuance to the Clerk of Court. The Writ should be accompanied by the following: Two (2) certified copies of the judgment. Original and one copy of the issued Writ of Execution form. Completed U.S. Marshals Service Form USM-285. This package will be returned to the judgment creditor to make arrangements with the United States Marshals Office for execution of the property. American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3Name Of Plaintiff NOTICE OF RIGHT TO VERSUS HAVE EXEMPTIONS Name Of Defendant DESIGNATED G.S. 1C-1603TO: TO: Name And Address Of Judgment Debtor 1 Name And Address Of Judgment Debtor 2 A judgment has been entered against you in the case captioned above in which you have been ordered to pay money over turn over various household belongings to the judgm ent creditor. The judgment creditor (person who has the judgment against you) is now seeking to collect this judgment and has asked me to give you notice of your rights. Under the Constitution and laws of North Carolina, you have the right to exempt from the collection of the judgment certain of your property (in other words, to keep it from being taken from you). If you wish to keep your exempt property, you MUST fill out the attached Debtors Schedule To Claim Exempt Property and request to set property aside and mail or take it to the U.S. District Court Clerk at the address listed below. You MUST also mail or take a copy to the judgment creditor at the address listed below. The law gives you another option of requesting, in writing, a hearing before the Court to claim your exemptions. If you make a written request for a hearing, you will be notified of the time and place of the hearing when you may claim your exemptions. It is important that you respond to this Notice no later than twenty (20) days after it was served on you because you will lose valuable statutory rights if you do nothing. If you do not respond, you will give up your right to statutory exemptions and the judgment creditor may be able to take any or all of your property to satisfy the judgment. You have certain constitutional rights you may claim if you give up your statutory rights. You may wish to consider hiring an attorney to help you with this proceeding to make certain that you receive all the protections to which you are entitled.Name And Address Of Judgment Creditor Or Attorney Date Signature Deputy Clerk Address Of The Clerk Telephone No. NOTICE TO THE JUDGMENT CREDITOR: You may serve this Notice and the Motion To Claim Exempt Property by mailing a copy of each, registered or certified mail, return receipt requested, addressed to the judgment debtor. To prove service, you must file an affidavit (notarized by a notary public) with the Clerk asserting that (1) a copy of the notice of rights and Motion To Claim Exempt Property was deposited in the post office for mailing by registered or certified mail, return receipt requested; (2) it was in fact received as evidenced by the attached registry receipt or other evidence of delivery; and (3) the genuine receipt or other evidence of delivery is attached. You m

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