United States — North Carolina
§ 1-3. Special proceedings.
1 provisions
All other remedies are treated as special proceedings.
Act or statute Open & Chat
United States — North Carolina Statutes
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United States — North Carolina
§ 1-30. Applicable to actions by State.
1 provisions
Limits set by law apply to civil cases brought in the State’s name or for its benefit just as they do to private-party cases.
Act or statute Open & ChatUnited States — North Carolina
§ 1-301. 1. Appeal of clerk’s decision in civil actions.
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A party aggrieved by a clerk’s order or judgment in a civil action may appeal to the appropriate court within 10 days, and the appeal notice must be filed in writing with the clerk.
Decision Open & ChatUnited States — North Carolina
§ 1-301. 2. Transfer or appeal of special proceedings; exceptions.
1 provisions
This section tells when a special proceeding must be transferred from the clerk to court, when the clerk or judge may act, and when parties may appeal.
Act or statute Open & ChatUnited States — North Carolina
§ 1-301. 3. Appeal of trust and estate matters determined by clerk.
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This section says the clerk decides trust and estate issues, and a party may appeal to superior court within 10 days.
Act or statute Open & ChatUnited States — North Carolina
§ 1-302. Judgment enforced by execution.
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A court may punish a person for contempt if they refuse to obey a judgment after service of a certified copy.
Act or statute Open & ChatUnited States — North Carolina
§ 1-303. Kinds of; signed by clerk; when sealed.
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This section says there are three kinds of execution and requires the clerk to subscribe them; if an execution is to run outside the county, it must be sealed with the court’s seal.
Act or statute Open & ChatUnited States — North Carolina
§ 1-304. Against married woman.
1 provisions
An execution may be issued against a married woman, but the judgment amount must be levied and collected from her separate property only.
Act or statute Open & ChatUnited States — North Carolina
§ 1-305. Clerk to issue, in six weeks; penalty; limitations on issuance.
1 provisions
The clerk of superior court must issue executions on qualifying unsatisfied judgments, and may not issue an execution unless the debtor’s exemptions are handled as required.
Act or statute Open & ChatUnited States — North Carolina
§ 1-306. Enforcement as of course.
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The judgment creditor, or their duly appointed personal representatives if the creditor has died, may enforce the judgment by execution after entry of judgment.
Act or statute Open & ChatUnited States — North Carolina
§ 1-307. Issued from and returned to court of rendition.
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Court executions and other enforcement process may issue only from the court that rendered the judgment, and returns must be made to the county court from which they issued.
Act or statute Open & ChatUnited States — North Carolina
§ 1-308. To what counties issued.
1 provisions
Execution must be routed to the sheriff of the proper county, and some executions cannot issue until the judgment is docketed in that county.
Act or statute Open & ChatUnited States — North Carolina
§ 1-309. Sale of land under execution.
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If real property is ordered sold, it must be sold in the county where it is located, and the sheriff or a court-appointed referee must give the purchaser a conveyance.
Act or statute Open & ChatUnited States — North Carolina
§ 1-31. Action upon a mutual, open and current account.
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A claim to recover a balance on a mutual, open, current account accrues from the latest proved item on either side, if there were reciprocal demands.
Act or statute Open & ChatUnited States — North Carolina
§ 1-310. When dated and returnable.
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The sheriff must record specified collection, levy, and sale details on the return of execution for money judgments.
Act or statute Open & ChatUnited States — North Carolina
§ 1-311. Against the person.
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A judge who believes a defendant is indigent must tell the defendant about counsel, preliminary release, and the chance to raise indigency within 72 hours.
Act or statute Open & ChatUnited States — North Carolina
§ 1-312. Rights against property of defendant dying in execution.
1 provisions
If a person is taken in execution on a judgment and later dies, the parties who sued, or their executors or administrators, may still assert the same rights against the deceased person’s property as if the person had never been in execution.
Act or statute Open & ChatUnited States — North Carolina
§ 1-313. Form of execution.
1 provisions
This section tells who an execution must be directed to and what details it must include, and it sets the officer’s required action for different kinds of judgments.
Act or statute Open & ChatUnited States — North Carolina
§ 1-314. Variance between judgment and execution.
1 provisions
A buyer’s title is not invalidated by certain mismatches between an execution and the underlying judgment when the property was sold by an officer under sale authority.
Act or statute Open & ChatUnited States — North Carolina
§ 1-315. Property liable to sale under execution; bill of sale.
1 provisions
Some property of a judgment debtor may be sold under execution, and the officer conducting the sale must give the purchaser a bill of sale when no other title document is provided.
Act or statute Open & Chat