In addition to complying with G.S. 1-339.52, relating to posting and publishing the notice of sale, the sheriff shall, at least ten days before the sale of real property, take the following action:
(1) If the judgment debtor is found in the county, serve a copy of the notice of sale on the judgment debtor personally.
(2) If the judgment debtor is not found in the county, send and serve notice as follows:
a. Send a copy of the notice of sale by registered or certified mail, return receipt requested, to the judgment debtor at the judgment debtor's last address known to the sheriff.
b. Serve a copy of the notice of sale on the judgment debtor's agent, if there is in the county a person known to the sheriff to be an agent who has custody or management of, or who exercises control over, any property in the county belonging to the judgment debtor. (1949, c. 719, s. 1; 2021-91, s. 1(a).)
Notes of Decisions
Leary v. N.C. Forest Prods., Inc., 580 S.E.2d 1 (N.C. Ct. App. 2003).
· cites it 24× “Because of these undisputed facts, the clerk had authority under N.C. Gen.Stat. § 1-339.67 to confirm any execution sale conducted to satisfy the judgment.”
St. Regis of Onslow Cnty. v. Johnson, 663 S.E.2d 908 (N.C. Ct. App. 2008).
· cites it 10× “Pursuant to N.C. Gen. Stat. § 1-339.54 , the sheriff must comply with the following procedure for notifying a judgment debtor of the sale of real property: [T]he sheriff shall, at least ten days before the sale of real property, (1) If the judgment debtor is found in the county,…”
Henderson Cnty. v. Osteen, 254 S.E.2d 160 (N.C. 1979).
“1-330 (now G.S. 1-339.54). This evidence is admissible and sufficient to carry the case to the jury on the question of notice.”
Henderson Cnty. v. Osteen, 235 S.E.2d 166 (N.C. 1977).
“In addition, however, G.S. 1-339.54 requires the sheriff, at least ten days prior to the sale, to serve upon “the judgment debtor” a copy of the notice of sale if he is to be found in the county and, if not, to send a copy of such notice by registered mail to “the judgment…”
Walston v. W. H. Applewhite & Co., 75 S.E.2d 138 (N.C. 1953).
· cites it 2× “Walston, one of the plaintiffs, testified that the Sheriff of Wayne County did not serve on her a copy of so much of the advertisement as related to the real property of the plaintiffs herein, and that she did not *424 receive a copy of such, advertisement through the mail…”
Henderson Cnty. v. Osteen, 221 S.E.2d 903 (N.C. Ct. App. 1976).
“” The conduct of ordinary execution sales requires that personal notice be served upon the property owner before the sale or that registered or certified mail notice be sent to the property owner if personal notice cannot be served within the county.”
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