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NC General Statutes

N.C. Gen. Stat. § 1-302 (2026)

Judgment enforced by execution

✓ current as of July 2026
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Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution, as provided in this Article. Where it requires the performance of any other act a certified copy of the judgment may be served upon the party against whom it is given, or upon the person or officer who is required thereby or by law to obey the same, and his obedience thereto enforced. If he refuses, he may be punished by the court as for contempt. (C.C.P., s. 257; Code, s. 441; Rev., s. 615; C.S., s. 663.)

 

Notes of Decisions
Cited in 16 cases (6 in the last 5 years), 1959–2025 · leading case: Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
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Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018). · cites it 4× “N.C. Gen. Stat. § 1-302 (2017). Execution is accomplished through the levying of the judgment-debtor’s property, i.”
Duplin Cnty. DSS ex rel. Pulley v. Frazier, 751 S.E.2d 621 (N.C. Ct. App. 2013). · cites it 6× “4 is “vague” and does not authorize periodic payments towards Defendant’s child support arrearages.”
Brown v. Brown, 615 S.E.2d 39 (N.C. Ct. App. 2005). · cites it 3× “Under N.C.G.S. § 1-302 (2003), if “a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution[.”
Griffin v. Griffin, 404 S.E.2d 478 (N.C. Ct. App. 1991). “Plaintiff argues that the portion of the statute following the semicolon constitutes an election of remedies.”
Town of Apex v. Rubin (N.C. Ct. App. 2021). · cites it 6× “§ 136-114 (2019), which gives trial courts in direct condemnation actions “the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this Chapter[;]” (2) N.C. Gen. Stat. § 1-302 (2019) and Rule 70 of the North…”
Town of Apex v. Rubin (N.C. Ct. App. 2021). · cites it 6× “§ 136-114 (2019), which gives trial courts in direct condemnation actions “the power to make all the necessary orders and rules of procedure necessary to carry into effect the object and intent of this Chapter[;]” (2) N.C. Gen. Stat. § 1-302 (2019) and Rule 70 of the North…”
Pelc v. Pham (N.C. Ct. App. 2025). · cites it 5× “He also asserts the trial court’s contempt order is not supported by competent evidence, because he does not have the ability to pay.”
James Edward Parker (Bankr. E.D.N.C. 2019). · cites it 4× “At the time the District Court affirmed Love, the courts in North Carolina did not draw a legal distinction between claiming exemptions in a bankruptcy proceeding and claiming exemptions in a judgment execution under N.C. Gen. Stat. § 1-302 , et seq., but a practical difference…”
Clark v. Bichsel (N.C. Ct. App. 2015). · cites it 6× “Money judgments are generally controlled by N.C. Gen. Stat. § 1-302 , which provides that: Where a judgment requires the payment of money or the delivery of real or personal property it may be enforced in those respects by execution, as provided in this Article.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “§ 1-298; (2) contempt authority under N.C.G.S. § 1-302; (3) declaratory authority under N.”
Town of Apex v. Rubin (N.C. 2025). · cites it 3× “§ 1-298; (2) contempt authority under N.C.G.S. § 1-302; (3) declaratory authority under N.”
Slattery v. Appy City, LLC (N.C. 2024). · cites it 2× “G.S. §§ 1-302 to -324.7, -352 (2021) (governing execution of judgments).”
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