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What is the Timing of an Order of Aid in Execution?

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caniac_nation

Junior Member
What is the name of your state (only U.S. law)? NC

I am a judgment creditor. I have gone through the process of filing the Writ of Execution and it was unsuccessful in finding $ to pay the debt. My only recourse will be seizing funds in a bank account and I'm told I need to file an Order of Aid in Execution that a judge will sign and the sheriff can take it to the bank. My question is this: When do I attempt to file this? Do I file it simultaneously when I renew the Writ of Execution? Or do I file AFTER I renew the Writ of Execution during the 90-day period? Thanks!
 


latigo

Senior Member
What is the name of your state (only U.S. law)? NC

I am a judgment creditor. I have gone through the process of filing the Writ of Execution and it was unsuccessful in finding $ to pay the debt. My only recourse will be seizing funds in a bank account and I'm told I need to file an Order of Aid in Execution that a judge will sign and the sheriff can take it to the bank. My question is this: When do I attempt to file this? Do I file it simultaneously when I renew the Writ of Execution? Or do I file AFTER I renew the Writ of Execution during the 90-day period? Thanks!
You are much confused, friend.

An Order in Aid of Execution is not something the sheriff is going to take the bank. It is in the nature of a debtor's examination to help you find out what is in the bank, which, if any, will be gone by the time you get there with a levy of garnishment.

Do some research under the subject heading: North Carolina post judgment procedures.
_______________________

Adding: Just don't go into a state of shock when you learn that the rewards are only in the experience.
 
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