The party in whose favor judgment is given, and in case of the party's death, the party's personal representatives duly appointed, may at any time after the entry of judgment proceed to enforce it by execution, as provided in this Article. However, no execution upon any judgment which requires the payment of money may be issued at any time after ten years from the date of the entry thereof; but this proviso shall not apply to any execution issued solely for the purpose of enforcing the lien of a judgment upon any homestead, which has or shall hereafter be allotted within the ten years from the date of entry of the judgment, or any judgment directing the payment of alimony. Further, no execution upon any judgment which requires the recovery of personal property may be issued at any time after 10 years from the date of the entry of the judgment. (C.C.P., s. 255; Code, s. 437; Rev., s. 619; C.S., s. 667; 1927, c. 24; 1935, c. 98; 2010-96, s. 24(b).)
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1948–2022 · leading case:
United States v. Pierce, 231 B.R. 890 (E.D.N.C. 1998).
United States v. Pierce, 231 B.R. 890 (E.D.N.C. 1998).
· cites it 6× “Despite the fact that the United States was proceeding pursuant to the FDCPA, the Bankruptcy Court applied N.C.Gen.Stat. § 1-306 which allows a judgment creditor to enforce a judgment by execution, but which states that “no execution upon any judgment which requires the payment…”
Lindsey v. Lindsey, 237 S.E.2d 561 (N.C. Ct. App. 1977).
· cites it 2× “at any time after ten years from the date of the rendition thereof.”
Pierce v. United States, 232 B.R. 333 (E.D.N.C. 1999).
· cites it 5× “This court explained that “a state law providing the means for execution of a judgment, such as N.C.Gen.Stat. § 1-306, is preempted by the FDCPA pro *335 visions regarding execution.”
Reid v. Bristol, 86 S.E.2d 417 (N.C. 1955).
· cites it 3× “G.S. 1-306. Under former statutory provisions, last codified as sections 667 and 668 of the Consolidated Statutes of 1919 (superseded by G.”
United States v. Pierce (In Re Pierce), 214 B.R. 550 (Bankr. E.D.N.C. 1997).
· cites it 8× “North Carolina General Statute § 1-306 provides that a judgment creditor may enforce a judgment by execution, but that “no execution upon any judgment which requires the payment of money or the recovery of personal property may be issued at any time after ten years from the date…”
Darcy v. Osborne, 400 S.E.2d 95 (N.C. Ct. App. 1991).
· cites it 3× “See also N.C.G.S. § 1-306 (1983) (execution on judgment proper only after entry).”
North Carolina Jt. Stock Land Bank of Durham v. Bland, 56 S.E.2d 30 (N.C. 1949).
“Moreover, neither the appellant nor his assignor, the North Carolina Joint Stock Land Bank of Durham, was ever restrained from proceeding on the judgment “by an order of injunction, or other order, or by the operation of any appeal, or by a statutory prohibition.”
McCullen v. Durham, 229 N.C. 418 (N.C. 1948).
“Our statutes provide, in substance, that with the exception of the lien of a judgment upon a homestead duly allotted, the lien of a judgment for the payment of money expires at the end of ten years from the date of its rendition, and that no execution may be issued thereon after…”
Morse v. Zatkiewiez, 168 S.E.2d 219 (N.C. Ct. App. 1969).
“G.S. 1-306; 2 Lee, N.C. Family Law, § 164, p.”
Nielson v. Schmoke (N.C. Ct. App. 2021).
· cites it 2× “”); N.C. Gen. Stat. § 1-306 (2019) (governing enforcement “as of course” of judgments and providing in part: “[h]owever, no execution upon any judgment which requires the payment of money may be issued at any time after ten years from the date of the entry thereof .”
Nielson v. Schmoke (N.C. Ct. App. 2021).
· cites it 2× “”); N.C. Gen. Stat. § 1-306 (2019) (governing enforcement “as of course” of judgments and providing in part: “[h]owever, no execution upon any judgment which requires the payment of money may be issued at any time after ten years from the date of the entry thereof .”
Czajka v. Holt Graphic Arts, Inc. (D.C. 2022).
“See N.C. Gen. Stat. Ann. § 1-306 (West 2019) (ten-year statute of limitations for enforcing domestic money judgment).”
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