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pwfaison
Jun 17, 2012, 03:40 PM
The debitor did not respond to 2 letters from the attorney general of North Carolina. He did not show up for small claims court, so he ruled to pay. He did not pay so we did and writ of execution twice, but still no response. What can be done?

ScottGem
Jun 17, 2012, 04:00 PM
First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

A writ of execution on what? A writ of execution is an order to seize property. Generally you have to give the judge a list of assets (bank accounts, salary, real property) that the debtor owns. The judge will then issue a writ of execution specifying the property which you then give to a sheriff to go seize the property.

So I don't understand what you did with a writ of execution.

This is the Catch 22 of obtaining a judgment, especially in Small Claims court. Getting the judgment is usually easy. Very often the defendant doesn't show and a default judgment is ordered. But collecting is another matter.

Fr_Chuck
Jun 17, 2012, 04:25 PM
You have to now find his money, find where his bank accounts are or other property, and then try to get it.

Winning a court case is easy and getting the judgement, most judgements are never collected, collecting is the hard part