State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-352_2

§1‑352.2.  Additional method of discovering assets.

In addition to the otherprovisions of this Article and as an additional method of discovering assets ofa judgment debtor the clerk of the court or a judge of the court in the countywherein the original judgment is docketed, at any time the judgment remainsunsatisfied, and within three years from the time of issuing an execution, uponmotion of the judgment creditor showing good cause therefor, may:

(1)        Order the judgmentdebtor, his agent or anyone having possession or control of property or recordsof or pertaining to the judgment debtor, to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of anydesignated documents, papers, books, accounts, all tax records, letters,objects or tangible things, not privileged, constituting property, or beingevidence of property, of the judgment debtor and which are in his possessionand custody, or subject to his control; or

(2)        Order the judgmentdebtor or anyone acting for or on his behalf to permit entry upon designatedland or other property, real or personal, in his possession or control orsubject to his control for the purpose of inspecting, measuring, surveying,appraising, copying, or photographing the property of the judgment debtor.

(3)        Prior notice of themotion, together with a copy thereof, shall be served on the judgment debtor asprovided by the Rules of Civil Procedure. Upon the hearing, the order enteredshall specify the time, place, and manner for compliance therewith and mayprescribe such terms and conditions as are just.

(4)        Any person who shallfail to comply with an order entered pursuant to this section may be punishedas for a contempt under the provisions of G.S. 1‑368. (1971,c. 711, s. 1.)