NC General Statutes

N.C. Gen. Stat. § 1-307 (2026)

Issued from and returned to court of rendition

✓ current as of July 2026

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Executions and other process for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the execution or other final process was rendered; and the returns of executions or other final process shall be made to the court of the county from which it issued. In all cases prior to the first day of March, 1945, where a judgment has been rendered in the superior court of one county and the transcript thereof has been docketed in the office of the clerk of the superior court of some other county or counties, all executions heretofore issued on such docketed transcript of judgment and all homestead proceedings, execution sales, judicial sales and assignments related thereto and based thereon are hereby declared to be lawful, legal and binding upon all purchasers, judgment debtors, judgment creditors, assignors and assignees, and on all parties to the original action and on all parties to or affected by any proceedings related to or based upon such execution, and all such sales, purchases, proceedings and assignments are hereby validated. (1871-2, c. 74; 1881, c. 75; Code, s. 444; Rev., s. 623; C.S., s. 669; 1945, c. 773.)

Notes of Decisions

Cited in 5 cases, 1953–1987 · leading case: North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987).

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North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987). · cites it 6× “N.C.G.S. § 1-307 (1983) (emphasis added).”

Hickory White Trucks, Inc. v. Greene, 237 S.E.2d 862 (N.C. Ct. App. 1977). · cites it 2× “We also conclude that under G.S. 1-307 only the Clerk of Superior Court in the county where a judgment is rendered may issue execution even though the judgment is docketed in other counties.”

Daniels v. Yelverton, 79 S.E.2d 311 (N.C. 1953). “G.S. 1-307 provides that executions for the enforcement of judgments can issue only from the court in which the judgment for the enforcement of the execution was rendered, and the returns of executions shall be made to the court of the county from which it issued.”

North Carolina Nat'l Bank v. C. P. Robinson Co., 341 S.E.2d 362 (N.C. Ct. App. 1986). · cites it 2× “Plaintiff asserts that G.S. 1-307 supports the decision of the trial court.”

North Carolina Nat'l Bank v. Sharpe, 272 S.E.2d 368 (N.C. Ct. App. 1980). “See G.S. 1-307 and G.S. 1-308. The Sheriff of Alexander County reported the sale to the Clerk of Superior Court of Alexander County who confirmed the sale and approved the Sheriffs final report.”

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