Small Claims Judgement-NC

I won a small claims judgement and I know that it is my job to collect it. I obtained a writ of execution, but I know the debtor has no "real" assets. I am confident that the only way I will be paid is by a wage garnishment. Does a writ of execution have to be filed before a garnishment can be issued? If not, then how do I get someone's wages garnished? Also, how much interest is collectable on a NC judgement?

Avengess said:

I won a small claims judgement and I know that it is my job to collect it. I obtained a writ of execution, but I know the debtor has no "real" assets. I am confident that the only way I will be paid is by a wage garnishment. Does a writ of execution have to be filed before a garnishment can be issued? If not, then how do I get someone's wages garnished? Also, how much interest is collectable on a NC judgement?

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My response:

A North Carolina judgment is good for 5 years, and renewable during that 5 years, for another 5 years - - total of 10 years. Such judgments carry a 10% interest rate.

For specific rules, laws, and procedures on wage garnishments, you might try going to a major bookstore and buying a book concerning lawsuits, judgments, and garnishments. It should tell you the specific procedures, and have the forms, you'll need for N.C.

Good luck to you.

IAAL

Bad news... according to my research, NC has the following general garnishment exemtions:
100% of last 60 days' earnings for family support. Garnishment only by political subdivisions for taxes, ambulance fees, etc.

Basically, this means you can't garnish wages for judgments.