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Updated 10 days ago on . Most recent reply

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James McGovern#1 Real Estate Agent Contributor
  • Flipper/Rehabber
  • Bloomfield CT
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Collecting Judgments Agaist former tenant who moved to North Carolina

James McGovern#1 Real Estate Agent Contributor
  • Flipper/Rehabber
  • Bloomfield CT
Posted

If you got a judgement against a former tenant in a Connecticut court and the tenant moved to North Carolina. How can you best collect without hiring a lawyer 

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KC Ushijima
  • Attorney
  • Utah
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KC Ushijima
  • Attorney
  • Utah
Replied
Quote from @James McGovern:

Looking to understand the exact steps an attorney would take

To give you an idea what at attorney may do, this is from a North Carolina law firm's website, which has listed 4 steps.


https://millermonroelaw.com/2017/05/696/

North Carolina has adopted the Uniform Enforcement of Foreign Judgments Act, which applies in all but a few states and sets forth the guidelines attorneys or judgment creditors must follow in executing on a foreign judgment. While the detailed legal requirements of the Uniform Enforcement of Foreign Judgments Act can be found at N.C.G.S. § 1C-1701, we have broken the process down into four simple steps:

  1. File an authenticated copy of your judgment. Judgment creditors must obtain an original, signed, physical copy of the judgment to file in any North Carolina county in which the judgment debtor resides or has real or personal property.
  2. Prepare and file an affidavit. Along with the judgment, the attorney or judgment creditor must file a sworn statement that the judgment has not been satisfied in full.
  3. Serve the judgment debtor. The attorney or judgment creditor must serve the individual or corporate judgment debtor with a copy of the judgment, affidavit, and a formal notice that the judgment was filed in the applicable counties. The purpose of this step is to ensure that the judgment debtor has notice that the judgment may be executed on its North Carolina property, and to provide the judgment debtor with an opportunity to respond or object to the judgment.
  4. Wait 30 days. The judgment debtor is afforded 30 days from the date of service to file a motion for relief from the judgment in the applicable North Carolina counties. If this happens, the judgment creditor will be required to petition the court for an order allowing execution of the judgment. If not, the judgment creditor is permitted to proceed with executing the judgment in the normal manner.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

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