State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-209

§ 1‑209.  Judgmentsauthorized to be entered by clerk; sale of property; continuance pending sale;writs of assistance and possession.

The clerks of the superiorcourts are authorized to enter the following judgments:

(1)        All judgments ofvoluntary nonsuit.

(2)        All consentjudgments.

(3)        In all actions uponnotes, bills, bonds, stated accounts, balances struck, and other evidences ofindebtedness within the jurisdiction of the superior court.

(4)        All judgments bydefault final and default and inquiry as are authorized by Rule 55 of the Rulesof Civil Procedure, and in this section provided.

(5)        In all cases wherethe clerks of the superior court enter judgment by default final upon any debtsecured by mortgage, deed of trust, conditional sale contract or otherconveyance of any kind, either real or personal property, or by a pledge ofproperty, the said clerks of the superior court are authorized and empowered toorder a foreclosure of such mortgage, deed of trust, conditional sale contract,or other conveyance, and order a sale of the property so conveyed or pledgedupon such terms as appear to be just; and the said clerks of the superior courtshall have all the power and authority now exercised by the judges of thesuperior court to appoint commissioners to make such sales, to receive thereports thereof, and to confirm the report of sale or to order a resale, and tothat end they are authorized to continue such causes from time to time as maybe required to complete the sale, and in the final judgment in said causes theyshall order the execution and delivery of all necessary deeds and make allnecessary orders disbursing the funds arising from the sale, and may issuewrits of assistance and possession upon ten days' notice to parties inpossession. The commissioners appointed to make foreclosure sales, as hereinauthorized, may proceed to advertise such sales immediately after the date ofentering judgment and order of foreclosure, unless otherwise provided in saidjudgment and order.

(6)        All judgments on awards,or on Certificates of Accrued Arrearages, of the Industrial Commission inworkers' compensation cases, as defined and provided for in G.S. 97‑87.

In any tax foreclosure actionpending on March 15, 1939 or thereafter brought under the provisions of G.S.105‑414 in which there is filed no answer which seeks to prevent entry ofjudgment of sale, the clerk of the superior court may render judgment of saleand make all necessary subsequent orders and judgments to the same extent aspermitted by this section in actions brought to foreclose a mortgage. All suchjudgments and orders heretofore rendered or made by a clerk of the superiorcourt in such tax foreclosure actions are hereby, as to the authority of thesaid clerk, ratified and confirmed. (1919, c. 156; C.S., s. 593; Ex. Sess., 1921, c. 92,s. 12; 1929, cc. 35, 49; 1939, c. 107; 1943, c. 301, s. 1; 1967, c. 954, s. 3;2001‑477, s. 2.)