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NC General Statutes

N.C. Gen. Stat. § 1-362 (2026)

Debtor's property ordered sold

✓ current as of July 2026
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The court or judge may order any property, whether subject or not to be sold under execution (except the homestead and personal property exemptions of the judgment debtor), in the hands of the judgment debtor or of any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time within 60 days next preceding the order, cannot be so applied when it appears, by the debtor's affidavit or otherwise, that these earnings are necessary for the use of a family supported wholly or partly by his labor. (C.C.P., s. 269; 1870-1, c. 245; Code, s. 493; Rev., s. 678; C.S., s. 721.)

 

Notes of Decisions
Cited in 27 cases (10 in the last 5 years), 1956–2026 · leading case: Jacobi-Lewis Co. v. Charco Enter., Inc., 466 S.E.2d 338 (N.C. Ct. App. 1996).
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Jacobi-Lewis Co. v. Charco Enter., Inc., 466 S.E.2d 338 (N.C. Ct. App. 1996). · cites it 16× “Finding future income to be earnings under N.C. Gen. Stat. § 1-362 (1994), we reverse.”
Kroh v. Kroh, 571 S.E.2d 643 (N.C. Ct. App. 2002). · cites it 24× “Kroh’s motion, and held under N.C. Gen. Stat. § 1-362 , that he “should be deemed the holder of all right, title and interest in [Ms.”
State v. Walker, 694 S.E.2d 484 (N.C. Ct. App. 2010). · cites it 2× “The lien is collectable through normal civil debt recovery procedures, but those assets and wages of the indigent necessary for his own or his family’s support and existence are not subject to garnishment or attachment.”
In re Gregory, 487 B.R. 444 (Bankr. E.D.N.C. 2013). · cites it 5× “N.C. Gen. Stat. § 1-362 ; In re Turner, No.”
In re Bronikowski, 569 B.R. 48 (Bankr. W.D.N.C. 2017). · cites it 4× “The Objection presents two issues to the court: (1) whether the female Debtor’s anticipated bonus from her employer for the 2016 calendar year constitutes property of her bankruptcy estate; and (2) whether the female Debtor can exempt the anticipated bonus from her estate…”
Herring v. Keasler, 563 S.E.2d 614 (N.C. Ct. App. 2002). · cites it 5× “Thereafter, Plaintiff filed a motion on 23 April 2001 seeking an order under N.C. Gen. Stat. § 1-362 directing Defendant’s membership interests in the LLCs be sold and the proceeds applied towards the judgment.”
Sturgill v. Sturgill, 272 S.E.2d 423 (N.C. Ct. App. 1980). · cites it 3× “” G.S. 1-362. We conclude then that the garnishment of the defendant’s wages was improper only if it violated one of the above two limitations.”
In Re Laues, 90 B.R. 158 (Bankr. E.D.N.C. 1988). · cites it 3× “*161 § 1-362. 7 There are very few reported cases which discuss either of these exemption statutes, but the general rule is that North Carolina’s exemption laws are to be liberally construed in favor of the exemption.”
Household Fin. Corp. v. Ellis, 419 S.E.2d 592 (N.C. Ct. App. 1992). · cites it 2× “N.C. Gen. Stat. § 1-362 provided for an exemption from execution of earnings of a debtor for personal services within 60 days preceding an order of seizure when it appears these earnings are needed for use of a family supported by debtor’s labor.”
Miller v. Young (In re Young), 578 B.R. 312 (Bankr. M.D.N.C. 2017). · cites it 2× “§ 1C-1601 and N.C. Gen. Stat. § 1-362 , preserve a debtor’s interest in the item or property itself, irrespective of the value assigned by the debtor .”
Harris v. Hinson, 360 S.E.2d 118 (N.C. Ct. App. 1987). · cites it 2× “N.C. Gen. Stat. § 1-362 provides: *150 The court or judge may order any property, whether subject or not to be sold under execution (except the homestead and personal property exemptions of the judgment debtor), in the hands of the judgment debtor, to be applied towards the…”
North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987). · cites it 3× “NCNB also moved that Robinson’s interest under the will be sold pursuant to N.C.G.S. § 1-362 and that a receiver be appointed pursuant to N.”
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