State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-305

§1‑305.  Clerk to issue, in six weeks; penalty; limitations on issuance.

(a)        Subject to theprovisions of G.S. 1A‑1 (Rule 62) and subsection (b) below, the clerk ofsuperior court shall issue executions on all unsatisfied judgments rendered inhis court, which are in full force and effect, upon the request of any party orperson entitled thereto and upon payment of the necessary fees; provided,however, that the clerks of the superior court shall issue executions on alljudgments rendered in their respective courts on forfeiture of bonds incriminal cases within six weeks of the rendition of the judgment, without anyrequest or any advance payment of fees. Every clerk who fails to comply withthe requirements of this section is liable to be amerced in the sum of onehundred dollars ($100.00) for the benefit of the party aggrieved, under thesame rules that are provided by law for amercing sheriffs, and is furtherliable to the party injured by suit upon his bond.

(b)        The clerk may notissue an execution unless

(1)        The judgmentdebtor's exemptions have been designated, or

(2)        The judgment debtorhas waived his exemptions as provided in G.S. 1C‑1601(c), or

(3)        The clerk determinesthat the exemptions are inapplicable to the particular claim as authorized byG.S. 1C‑1603(a)(3). (1850, c. 17, ss. 1, 2, 3; R.C., c. 45, s. 29; Code,s. 470; Rev., s. 618; C.S., s. 666; 1953, c. 470; 1959, c. 1295; 1973, c. 1070,s. 1; 1981 (Reg. Sess., 1982), c. 1224, s. 15.)