State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-352_1

§1‑352.1.  Interrogatories to discover assets.

As an additional method ofdiscovering assets of a judgment debtor, the judgment creditor may prepare andserve on the judgment debtor written interrogatories concerning his property,at any time the judgment remains unsatisfied, and within three years from thetime of issuing an execution. Such written interrogatories shall be fullyanswered under oath by the judgment debtor within 30 days of service on thejudgment debtor, and the answer shall be filed by the judgment debtor with theclerk of the superior court wherein the original judgment is docketed. Copy ofsaid answer shall be served upon the party submitting said writteninterrogatories, in the manner provided by the Rules of Civil Procedure.

Interrogatories may relate toany matters which can be inquired into under G.S. 1‑352, and the debtormay object to any interrogatories that are deemed improper, but the making ofobjections shall not delay the answering of interrogatories to which objectionis not made. If the objections are overruled, the court shall fix the time foranswering the interrogatories. The number of interrogatories or sets ofinterrogatories to be served is not limited except as justice requires toprotect the party from annoyance, expense, embarrassment or oppression.

Upon failure of the judgmentdebtor to answer fully the written interrogatories, the judgment creditor maypetition the court for an order requiring the judgment debtor to answer fully,which order shall be served upon the judgment debtor in the same manner as asummons is served pursuant to the Rules of Civil Procedure, fixing the timewithin which the judgment debtor can answer the interrogatives. In addition,the order shall provide, as an alternative, that the judgment debtor may mailthe judgment creditor, by certified mail, within five days of the date ofservice of the order, a specific request for a hearing before a court or judgeto answer oral questions concerning his property rather than answering thewritten interrogatories. Upon timely receipt of this request, the judgmentcreditor shall request the court to calendar the hearing.

Any person who disobeys anorder of the court may be punished by the judge as for a contempt under theprovisions of G.S. 1‑368. (1971, c. 529, s. 1; 1979, c.648.)