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  • Oct 30, 2011, 05:09 AM
    Rainbow28
    Summary judgment against me
    I have a summary judgment against me, I live in NC what can I do about this and what can the creditor get or can they. I would like to settle how should I go about this?
  • Oct 30, 2011, 05:20 AM
    JudyKayTee
    "Execution
    Also known as "executing judgment," execution is when you take (or "levy") some of the debtor's property or assets to pay what he owes. This is a multi-step process and can be complicated, but generally:

    Ask the court clerk for two forms, a "Notice of Right to Have Exemptions Designated" and a "Motion to Claim Exempt Property;" fill-in parts of the forms, like names and addresses; and have them delivered to or "served on" the defendant, either by registered mail or by the sheriff of the county where the defendant lives
    After receiving these forms, the defendant has 20 days to claim exemptions, that is, claim that some property can't be seized because it's protected by law. If he doesn't do so, or if he returns the exemption motion and it shows that there is property to take, then you ask the court clerk to issue an "execution"
    The clerk will send the execution to the sheriff for the county where the defendant lives or where his property is located, and he'll hand-deliver the execution. The sheriff will demand payment, and if the defendant refuses or has no money to pay, the sheriff will seize the property listed in the execution
    If the sheriff seizes cash from the defendant, he will deliver it to the court clerk. If he takes property, the sheriff will sell it and turn over the sale proceeds to the court clerk. The court clerk will arrange for the money to be delivered to you
    With a writ of execution, you can usually get to the defendant-debtor's:

    Personal property, like equipment, cars and boats
    Money in bank accounts
    Certain real property, like vacation and rental property
    Exempt property or money that can't be reached through execution includes the defendant-debtor's homestead real estate (that is, his home); money he receives from public assistance programs, such as worker's compensation, unemployment, and Social Security benefits; and certain dollar amounts of things like household furnishings and clothing. The court clerk or sheriff should be able to give you a list of exempt property, and the Motion to Claim Exempt Property you get from the clerk contains a partial list." NC Collecting the Judgment - Lawyers.com

    There is little reason for the creditor/judgment holder to settle with you - they already have a judgment which is "good" for 10 years, renewable for another 10. I don't know why they would agree to take less BUT the way to go about negotiating a "settlement" is to contact the creditor, make an offer.

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