After the issuing of an execution against property, and upon proof by affidavit of a party, his agent or attorney, to the satisfaction of the court or a judge thereof, that any judgment debtor residing in the district court district as defined in G.S. 7A-133 or superior court district as defined in G.S. 7A-41.1, as the case may be, where such judge or sheriff resides has property which he unjustly refuses to apply toward the satisfaction of the judgment, such court or judge may, by order, require the judgment debtor to appear at a specified time and place, to answer concerning the same; and proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as provided upon the return of an execution, and the judgment creditor is entitled to the order of examination under this section and G.S. 1-352 although the judgment debtor has an equitable estate in land subject to the lien of the judgment, or choses in action, or other things of value unaffected by the lien of the judgment and incapable of levy. (C.C.P., s. 264; 1868-9, c. 95, s. 2; Code, s. 488, subsec. 2; Rev., s. 688; C.S., s. 712; 1987 (Reg. Sess., 1988), c. 1037, s. 39.)
Notes of Decisions
Able Outdoor, Inc. v. Harrelson, 459 S.E.2d 626 (N.C. 1995).
· cites it 3× “These sections were in effect when Smith was decided. We did not hold then that they provided for execution against the State and we decline to do so now.”
Massey v. Cates, 162 S.E.2d 589 (N.C. Ct. App. 1968).
· cites it 2× “1-363 in preference to G.S. 1-353. This is his right. We find no authority to support defendant’s contention that plaintiff must proceed under G.”
Milone & MacBroom (N.C. Ct. App. 2021).
· cites it 2× “These 4 By way of further examples: N.C. Gen. Stat. § 1-353 allows for a judgment creditor “[a]fter issuing an execution against property” to seek an order requiring the judgment debtor to appear if the debtor is deemed to be “unjustly refus[ing]” to apply property towards the…”
Milone & MacBroom (N.C. Ct. App. 2021).
· cites it 2× “These 4 By way of further examples: N.C. Gen. Stat. § 1-353 allows for a judgment creditor “[a]fter issuing an execution against property” to seek an order requiring the judgment debtor to appear if the debtor is deemed to be “unjustly refus[ing]” to apply property towards the…”
Richard Couture, Inc. v. Rowe, 139 S.E.2d 241 (N.C. 1964).
“After executions were returned unsatisfied, the Clerk, on motion of the judgment creditors, made an order as authorized by G.S. 1-353, requiring A. C. Rowe to submit to an examination with respect to his *235 properties available for payment of the judgments.”
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