North Carolina · statute · N.C. Gen. Stat. ch. 1C · 39 active provisions
What property exempt; waiver; exceptions. (a) Exempt property. - Each individual, resident of this State, who is a debtor is entitled to retain free of the enforcement of the claims of creditors: (1) The debtor's aggregate interest, not to exceed thirty-five thousand dollars ($35,000) in value, in real property or pers…
Certain tax-advantaged accounts exempt. (a) For purposes of this section, the following definitions shall apply: (1) Qualifying account. - Any of the following: a. An education savings and investment plan account qualified under section 529 of the Internal Revenue Code. b. An ABLE account qualified under section 529A o…
Alternative exemptions. The debtor may elect to take the personal property and homestead exemptions provided in Article X of the Constitution of North Carolina instead of the exemptions provided by G.S. 1C-1601. If the debtor elects to take his constitutional exemptions, the exemptions provided in G.S. 1C-1601 shall no…
Procedure for setting aside exempt property. (a) Motion or Petition; Notice. - (1) After judgment has been entered against a judgment debtor, that person's exempt property may be designated by motion. (2) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1224, s. 10. (3) The clerk or district court judge may de…
Effect of exemption. (a) Property allocated to the debtor as exempt is free of the enforcement of the claims of creditors for indebtedness incurred before or after the exempt property is set aside, other than claims exempted by G.S. 1C-1601(e), for so long as the debtor owns it. When the property is conveyed to another…
Short title. This Article shall be known and may be cited as the Uniform Enforcement of Foreign Judgments Act. (1989, c. 747.)
Definitions. As used in this Article, unless the context requires otherwise: (1) "Foreign Judgment" means any judgment, decree, or order of a court of the United States or a court of any other state which is entitled to full faith and credit in this State, except a "child support order," as defined in G.S. 52C-1-101 (T…
Filing and status of foreign judgments. (a) A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in the office of the clerk of superior court of any county of this State in which the judgment debtor resides, or owns real or personal property. Alon…
Notice of filing; service. (a) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (b) on the judgment debtor and shall attach thereto a filed-stamped copy of the foreign judgment and affidavit. Service and proof of service of t…
Defenses; procedure; stay. (a) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign judgment has been appealed from, or enforcement has been stayed by, the court which rendered it, or on any other ground for which relief from a judgment of…
Fees. The enforcement of a foreign judgment under this Article shall be subject to the costs and fees set forth in Article 28 of Chapter 7A of the General Statutes. The amount remaining unpaid on the foreign judgment as set forth in the affidavit filed under G.S. 1C-1703(b) shall determine the amount of the costs to be…
Optional procedure. This Article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce such creditor's judgment. (1989, c. 747.)
Judgments against public policy. The provisions of this Article shall not apply to foreign judgments based on claims which are contrary to the public policies of North Carolina. (1989, c. 747.) §§ 1C-1709 through 1C-1749. Reserved for future codification purposes. Article 17A. Enforcement of Foreign Judgments for Nonco…
Definitions. As used in this Article: (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate. (3) "Conversion…
Scope of Article. (a) This Article applies only to a foreign-money claim in an action or distribution proceeding. (b) This Article applies to foreign-money issues even if other law under the conflict of laws rules of this State applies to other issues in the action or distribution proceeding. (1995, c. 213, s. 1.)
Variation by agreement. (a) The effect of this Article may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and…
Determining proper money of the claim. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:…
Determining amount of the money of certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid shall be determined on the conversion date. (b) If an amount contracted to be paid in a foreign money is to be measured by a…
Asserting and defending foreign-money claims. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant shall make the claim in United States dollars. (b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than tha…
Judgments and awards on foreign-money claims, times of money conversion; form of judgments. (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. (b) A judgment or award on a foreign-money claim is payable in that fo…
Conversions of foreign money in distribution proceedings. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its…
Prejudgment and judgment interest. (a) Except as provided in subsection (b) of this section, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding shall be determined by the substantive law governing the right to recovery under the conflict of laws…
Enforcement of foreign judgments. Subject to the provisions of Article 17 and 20 of this Chapter: (1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment shall be entered as provided in G.S…
Determining United States dollar value of assets to be seized or restrained. (a) Computations under this section shall not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. (b) For the limited purpose of facilitating the enforcement of provisional remedie…
Effect of currency revalorization. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss shall be treated as if expressed or incurred in the new money at the rate of convers…