(a) Executions shall issue in accordance with G.S. 1A-1, Rule 62. In no case shall an execution against property issue until 10 days after entry of judgment. Executions shall be dated as of the day on which they were issued and are returnable to the court from which they were issued not more than 90 days from that date. If an execution sale is postponed pursuant to G.S. 1-339.58, the 90-day period to return the execution to the court is extended by the number of days the sale is postponed.
(b) The sheriff shall separately notate on the return of execution for a judgment requiring the payment of money (i) any amount collected without an execution sale and the date of collection and, if multiple payments to the sheriff are collected on different dates pursuant to a single writ of execution, the individual dates of collection and the amount collected on each date and (ii) the date of levy and description of property levied and sold through an execution sale pursuant to Article 29B of this Chapter. (1870-1, c. 42, s. 7; 1873-4, c. 7; Code, s. 449; 1903, c. 544; Rev., s. 624; C.S., s. 672; 1927, c. 110; 1931, c. 172; 1953, c. 697; 1971, c. 381, s. 12; 1973, c. 1070, s. 2; 1977, c. 74, s. 1; 2021-47, s. 14(b); 2022-60, s. 2(a).)
Notes of Decisions
Cited in
6
cases, 1947–2014 · leading case:
In Re Pinner, 146 B.R. 659 (Bankr. E.D.N.C. 1992).
In Re Pinner, 146 B.R. 659 (Bankr. E.D.N.C. 1992).
· cites it 2× “2d at 593 and 595, citing N.C.Gen.Stat. § 1-310. The practical effect of this holding is that a new notice is required before each execution.”
Household Fin. Corp. v. Ellis, 419 S.E.2d 592 (N.C. Ct. App. 1992).
· cites it 2× “N.C. Gen. Stat. § 1-310 (1983). The execution may not issue until ten days after entry of judgment, but must be returned within 90 days.”
In re Nitzsky, 516 B.R. 846 (Bankr. W.D.N.C. 2014).
· cites it 2× “Moreover, during the ten-day appeal period, an action to evict the tenant is stayed per N.C. Gen. Stat. § 1-310 , so the holder of a judgment in action for summary ejectment may not execute on the judgment during the ten-day appeal period.”
North Carolina Jt. Stock Land Bank of Durham v. Bland, 56 S.E.2d 30 (N.C. 1949).
“G.S. 1-310. This being true, the validity of the execution sale is not affected by the delay of the Sheriff in making his formal return to the execution or in executing his deed to the purchaser.”
Brogden Produce Co. v. Stanley, 148 S.E.2d 689 (N.C. 1966).
“” G.S. 1-310. The term return implies that the process is taken back, with such endorsements as the law requires, to the place from which it originated.”
Bd. of Educ. v. . Gallop, 44 S.E.2d 44 (N.C. 1947).
“The evidence tends to show that there was no entry upon the records of the clerk as to its issue (G. S., 1-310), nor endorsement of the clerk on the day of its issue, none by the sheriff of the day he received it and the day of execution (G.”
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