State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-353

§1‑353.  Property withheld from execution; proceedings.

After the issuing of anexecution against property, and upon proof by affidavit of a party, his agentor attorney, to the satisfaction of the court or a judge thereof, that anyjudgment debtor residing in the district court district as defined in G.S. 7A‑133or superior court district as defined in G.S. 7A‑41.1, as the case maybe, where such judge or sheriff resides has property which he unjustly refusesto apply toward the satisfaction of the judgment, such court or judge may, byorder, require the judgment debtor to appear at a specified time and place, toanswer concerning the same; and proceedings may thereupon be had for theapplication of the property of the judgment debtor towards the satisfaction ofthe judgment as provided upon the return of an execution, and the judgmentcreditor is entitled to the order of examination under this section and G.S. 1‑352although the judgment debtor has an equitable estate in land subject to thelien of the judgment, or choses in action, or other things of value unaffectedby the lien of the judgment and incapable of levy. (C.C.P., s. 264; 1868‑9,c. 95, s. 2; Code, s. 488, subsec. 2; Rev., s. 688; C.S., s. 712; 1987 (Reg.Sess., 1988), c. 1037, s. 39.)