State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-242

§1‑242.  Credits upon judgments.

If payment is made on ajudgment docketed in the office of the clerk of the superior court and no entryis made on the judgment docket, or if a docketed judgment is reversed ormodified on appeal and no entry is made on the judgment docket, any interestedperson may move in the cause before the clerk, upon affidavit after notice toall interested persons, to have the credit, reversal, or modification entered.A hearing on the motion before the clerk may be on affidavit, oral testimony,deposition, and any other competent evidence. The clerk shall render judgment,from which any party may appeal in the same manner as in appeals in specialproceedings. On appeal, any party may demand a jury trial of any issue of fact.If a final judgment orders the credit, reversal, or modification, a transcriptof the final judgment shall be sent by the clerk of the superior court to eachcounty in which the original judgment is docketed, and the clerk of each countyshall enter the transcript on the judgment docket of that county opposite theoriginal judgment and file the transcript. No final process may issue on theoriginal judgment after affidavit filed in the cause until there is a finaldisposition of the motion for credit, reversal, or modification. (1903,c. 558; Rev., s. 579; C.S., s. 620; 1999‑216, s. 3.)