Motion for Writ of Execution (Civil)

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02CASE INFORMATION

File No. *

County *

Division

Judgment Creditor (Plaintiff) *

Judgment Debtor (Defendant) *

Judgment Debtor Address

03JUDGMENT DETAILS

Date Judgment Entered *

Original Judgment Amount *

Post-Judgment Interest Rate (%)

Accrued Interest to Date

Taxable Costs Awarded

Credits / Payments Applied

TOTAL BALANCE DUE $0.00

Additional Details (optional)

04PROPERTY & SHERIFF INSTRUCTIONS

Type of Property to Levy Upon

Known Property / Asset Description (optional)

Special Sheriff Instructions (optional)

EXEMPTION WARNING: Pursuant to G.S. 1-362 and Article X of the NC Constitution, judgment debtors may claim personal property exemptions up to $5,000 ($10,000 for head of household) and a homestead exemption up to $35,000 (G.S. 1C-1601). Failure to allow exempt property may void the levy. The Sheriff must serve a notice of exemption rights with the writ.

05CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

AUTO-FILL FROM CLIO

Connect cLAWde to pull judgment details directly from your Clio matter — creditor, debtor, amounts pre-populated.

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WRIT OF EXECUTION — KEY POINTS

A judgment becomes dormant after 10 years (G.S. 1-234); revive before filing execution
Writ directs the Sheriff to seize and sell non-exempt property of the debtor
Sheriff has 90 days to execute; return required within 30 days of execution
Debtor has right to claim exemptions within 10 days of levy — G.S. 1-362
Filing fee and Sheriff's fees apply — check current county schedule
If real property: Sheriff must advertise sale in newspaper — G.S. 1-339.51
Deficiency allowed against debtor after sale if proceeds insufficient

STATUTORY REFERENCE

G.S. 1-302Execution authority

G.S. 1-303Contents of writ

G.S. 1-339.51Real property sale

G.S. 1-362Exemptions — personal prop.

G.S. 1C-1601Homestead exemption

G.S. 1-234Judgment dormancy (10 yr)

NEED AN ATTORNEY?

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