When an execution against property of a judgment debtor, or any one of several debtors in the same judgment, issued to the sheriff of the county where he resides or has a place of business, or if he does not reside in the State, to the sheriff of the county where a judgment roll or a transcript of a judgment is filed, is returned wholly or partially unsatisfied, the judgment creditor at any time after the return, and within three years from the time of issuing the execution, is entitled to an order from the court to which the execution is returned or from the judge thereof, requiring such debtor to appear and answer concerning his property before such court or judge, at a time and place specified in the order, within the county to which the execution was issued. (C.C.P., s. 264; 1868-9, c. 95, s. 2; Code, s. 488, subsec. 1; Rev., s. 667; C.S., s. 711; 1971, c. 268, s. 21.)
Notes of Decisions
Harris v. Pinewood Dev. Corp., 627 S.E.2d 639 (N.C. Ct. App. 2006).
· cites it 8× “Defendants maintain that supplemental proceedings such as injunctive relief were not yet available because execution had not yet been returned unsatisfied, pursuant to N.C. Gen.Stat. § 1-352, which reads in pertinent part as follows: When an execution against property of a…”
Fed. Deposit Ins. v. British-Am. Corp., 726 F. Supp. 622 (E.D.N.C. 1989).
· cites it 4× “Under Rule 69 of the Federal Rules of Civil Procedure and N.C. Gen.Stat. §§ 1-352 et seq., plaintiffs seek to proceed by way of supplemental proceedings to have the $2 million, plus accrued interest, applied toward satisfaction of its judgment.”
Wilson v. Crab Orchard Dev. Co., 171 S.E.2d 873 (N.C. 1970).
“) It is a sufficient answer to the plaintiff’s contention in this respect to note that her complaint alleges that she had no notice of the matters of which she complains “until after November 24, 1961 when the plaintiff brought supplemental proceedings under G.S. 1-352 et seq.,…”
Atl. Purchasers, Inc. v. Aircraft Sales, Inc., 101 F.R.D. 779 (W.D.N.C. 1984).
· cites it 2× “First, the court is authorized, pursuant to N.C.Gen.Stat. § 1-352 et seq. to order discovery of defendants’ assets, and to order sale by execution of defendants’ property to the extent necessary to satisfy the judgment.”
Grabenhofer v. Garrett, 131 S.E.2d 675 (N.C. 1963).
“G.S. 1-352. Then, if not before, plaintiff was advised as to the subject property and as to- its ownership by defendant and his wife as tenants by the entirety.”
Massey v. Cates, 162 S.E.2d 589 (N.C. Ct. App. 1968).
“Plaintiff then proceeded under G.S. 1-352 and obtained an order to examine the defendant with respect to his property.”
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