Small Claims Judgement-NC

[Avengess]

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?

 

[I AM ALWAYS LIABLE]

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?

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

 

[JETX]

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.