DEBTS TO JUDGMENT DEBTORS/PAY TO SHERIFF.

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View NCGA Bill Details2015-2016 Session
House Bill 696 (Public) Filed Tuesday, April 14, 2015
AN ACT TO REQUIRE SOME OR ALL OF CERTAIN PAYMENTS TO JUDGMENT DEBTORS AGAINST WHOSE PROPERTY AN EXECUTION HAS BEEN ISSUED TO BE MADE TO THE SHERIFF RATHER THAN TO THE JUDGMENT DEBTOR.
Intro. by Ford.
Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 30 2015)

Bill History:

H 696

Bill Summaries:

  • Bill H 696 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    House amendment makes the following changes to the 1st edition.

    Amends GS 162-16 to add that nothing in the statute requires a sheriff or coroner to execute a judgment where the sheriff or coroner has knowledge that the property to be sold to satisfy the judgment is exempt from execution under Article 16 of GS Chapter 1C, and has been so indicated on the writ of execution.

    Courts/Judiciary, Civil, Civil Procedure
    GS 1, GS 162
  • Bill H 696 (2015-2016)
    Summary date: Apr 15 2015 - View Summary

    Amends GS 1-359 concerning judgment debtors, requiring individuals that have been notified, as specified, of a judgment to make debt payments to the sheriff in lieu of payments to a judgment debtor until the execution/judgment is satisfied (previously, allowed payment to the sheriff but did not require it). Provides that failing to issue payment to the sheriff is not a violation of this section if the debtor did not know of the execution and did not receive a demand for payment from the sheriff. Provides for a penalty as specified if a debtor makes payment to the judgment debtor after receiving a demand for payment from the sheriff. 

    Makes conforming and clarifying changes. 

    Effective October 1, 2015. 

    Courts/Judiciary, Civil, Civil Procedure
    GS 1
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