State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-239

§1‑239.  Paid to clerk; docket credited; transcript to other counties;notice to attorney for judgment creditor; judgment creditor to give notice ofpayment; entry of payment on docket; penalty for failure to give notice ofpayment.

(a)        Payment of money judgmentto clerk's office.

(1)        The party againstwhom a judgment for the payment of money is rendered by any court of record maypay the whole, or any part thereof, in cash or by check, to the clerk of thecourt in which the same was rendered, although no execution has issued on suchjudgment.

(2)        The clerk shall givethe party a receipt showing the date and amount of the payment and identifyingthe judgment, and shall note receipt of the payment on the judgment docket ofthe court. If the payment is made by check and the check is not finally paid bythe drawee bank, the clerk shall cancel the notation of receipt and return thecheck to the party who tendered it.

(3)        When a payment tothe clerk is made in cash or when a check is finally paid by the drawee bank,the clerk shall give the notice provided for in subsection (b). When the fullamount of a judgment has been so paid, the clerk shall include the words"JUDGMENT PAID IN FULL" in the notice.

(4)        When a judgment hasbeen paid in part, but not in full, the clerk shall furnish a certificate ofpartial payment to the clerk of superior court of any county to which atranscript of a judgment has been sent, but only upon the request of that clerkor of the party who made the partial payment.

(5)        When a judgment hasbeen paid in full, and the party in whose favor the judgment was rendered hascollected all payments made to the clerk, or when ten days have passed sincenotice of payment in full was sent pursuant to subsection (b) and the party hasneither collected all payments made to the clerk nor notified the clerk thatthe party disputes payment of the full amount of the judgment, then the clerkshall immediately:

a.         Mark "PAID ANDSATISFIED IN FULL" on the judgment docket, and

b.         Forward acertificate of payment in full to the clerk of superior court in each county towhich a transcript of the judgment has been sent.

(6)        If the party inwhose favor a judgment has been rendered notifies the clerk that the partydisputes payment in full of the judgment, the clerk shall proceed as providedin G.S. 1‑242.

(7)        Entries of paymentor satisfaction on the judgment dockets in the office of the clerk of thesuperior court by any person other than the clerk shall be made in the presenceof the clerk or his deputy, who shall witness the same.

(b)        Upon receipt of anypayment of money upon a judgment, the clerk of superior court shall withinseven days after the receipt of such payment give notice thereof to theattorney of record for the party in whose favor the judgment was rendered, orif there is no attorney of record to the party. Any other official of any courtwho receives payment of money upon a judgment shall give notice in the samemanner; provided, further, that no such moneys shall be paid by the clerk ofthe superior court until at least seven days after written notice by mail or inperson has been given to the attorney of record in whose favor the judgment wasrendered; provided further, that the attorney of record may waive said notice,and said moneys shall be paid by the clerk of superior court, by signing thejudgment docket.

(c)        Upon receipt by thejudgment creditor of any payment of money upon a judgment, the judgmentcreditor shall within 60 days after receipt of the payment give satisfactorynotice thereof to the clerk of the superior court in which the judgment wasrendered, and the clerk shall thereafter promptly enter the payment on thejudgment docket of the court, and the clerk shall immediately forward acertificate thereof to the clerk of the superior court of each county to whom atranscript of the judgment has been sent, and the clerk of each superior courtshall thereafter promptly enter the same on the judgment docket of the courtand file the original with the judgment roll in the action. If the judgmentcreditor fails to file the notice required by this subsection within 30 daysfollowing written demand by the debtor, he may be required to pay a civilpenalty of one hundred dollars ($100.00) in addition to attorneys' fees and anyloss caused to the debtor by such failure. The clear proceeds of civilpenalties provided for in this section shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2. (1823,c. 1212, P.R.; R.C., c. 31, s. 127; Code, s. 438; Rev., s. 577; 1911, c. 76;C.S., s. 617; 1967, c. 1067; 1969, c. 18; 1981, c. 745, s. 2; 1987, c. 497;1997‑456, s.27; 1998‑215, s. 94.)