Bill Summary for H 404 (2017-2018)

Summary date: 

Mar 16 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 404 (Public) Filed Thursday, March 16, 2017
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, McNeill.

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Bill summary

Amends GS 1-359 to direct that, after the issuing of an execution against property and presentation of a copy of the execution by the sheriff, persons indebted to a judgment debtor are to pay the amount of their debt necessary to satisfy the execution to the sheriff, and not the debtor. Requires knowledge and demand for payment of the execution for failure to pay to be considered a violation of this statute. Specifies that payment of the amount owed to the judgment debtor by the person indebted to the judgment debtor after receiving a demand for payment from the sheriff under the execution subjects the person indebted to a penalty in the amount of either the full amount due on the judgment and execution or the amount paid on the debt to the judgment debtor, whichever is less.

Amends GS 162-16 to clarify that the statute does not require 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 GS Chapter 1C, Article 16, and has been so notated on the writ of execution. Makes a technical change.

Effective October 1, 2017.

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