§15A‑1340.38. Enforcement of certain orders for restitution.
(a) In addition to theprovisions of G.S. 15A‑1340.36, when an order for restitution under G.S.15A‑1340.34(b) requires the defendant to pay restitution in an amount inexcess of two hundred fifty dollars ($250.00) to a victim, the order may beenforced in the same manner as a civil judgment, subject to the provisions ofthis section.
(b) The order forrestitution under G.S. 15A‑1340.34(b) shall be docketed and indexed inthe county of the original conviction in the same manner as a civil judgmentpursuant to G.S. 1‑233, et seq., and may be docketed in any other countypursuant to G.S. 1‑234. The judgment may be collected in the same manneras a civil judgment unless the order to pay restitution is a condition ofprobation. If the order to pay restitution is a condition of probation, thejudgment may only be executed upon in accordance with subsection (c) of thissection.
(c) If the defendant isordered to pay restitution under G.S. 15A‑1340.34(b) as a condition ofprobation, a judgment docketed under this section may be collected in the samemanner as a civil judgment. However, the docketed judgment for restitution maynot be executed upon the property of the defendant until the date of notificationto the clerk of superior court in the county of the original conviction thatthe judge presiding at the probation termination or revocation hearing has madea finding that restitution in a sum certain remains due and payable, that thedefendant's probation has been terminated or revoked, and that the remainingbalance of restitution owing may be collected by execution on the judgment. Theclerk shall then enter upon the judgment docket the amount that remains due andpayable on the judgment, together with amounts equal to the standard fees fordocketing, copying, certifying, and mailing, as appropriate, and shall collectany other fees or charges incurred as in the enforcement of other civiljudgments, including accrued interest. However, no interest shall accrue on thejudgment until the entry of an order terminating or revoking probation andfinding the amount remaining due and payable, at which time interest shallbegin to accrue at the legal rate pursuant to G.S. 24‑5. The interestshall be applicable to the amount determined at the termination or revocationhearing to be then due and payable. The clerk shall notify the victim by first‑classmail at the victim's last known address that the judgment may be executed upon,together with the amount of the judgment. Until the clerk receives notificationof termination or revocation of probation and the amount that remains due andpayable on the order of restitution, the clerk shall not be required to updatethe judgment docket to reflect partial payments on the order of restitution asa condition of probation. The stay of execution under this subsection shall notapply to property of the defendant after the transfer or conveyance of theproperty to another person. When the criminal order of restitution has beenpaid in full, the civil judgment indexed under this section shall be deemedsatisfied and the judgment shall be cancelled. Payment satisfying the civiljudgment shall also be credited against the order of restitution.
(d) An appeal of theconviction upon which the order of restitution is based shall stay execution onthe judgment until the appeal is completed. If the conviction is overturned,the judgment shall be cancelled. (1998‑212, s. 19.4(d).)
§15A‑1340.38. Enforcement of certain orders for restitution.
(a) In addition to theprovisions of G.S. 15A‑1340.36, when an order for restitution under G.S.15A‑1340.34(b) requires the defendant to pay restitution in an amount inexcess of two hundred fifty dollars ($250.00) to a victim, the order may beenforced in the same manner as a civil judgment, subject to the provisions ofthis section.
(b) The order forrestitution under G.S. 15A‑1340.34(b) shall be docketed and indexed inthe county of the original conviction in the same manner as a civil judgmentpursuant to G.S. 1‑233, et seq., and may be docketed in any other countypursuant to G.S. 1‑234. The judgment may be collected in the same manneras a civil judgment unless the order to pay restitution is a condition ofprobation. If the order to pay restitution is a condition of probation, thejudgment may only be executed upon in accordance with subsection (c) of thissection.
(c) If the defendant isordered to pay restitution under G.S. 15A‑1340.34(b) as a condition ofprobation, a judgment docketed under this section may be collected in the samemanner as a civil judgment. However, the docketed judgment for restitution maynot be executed upon the property of the defendant until the date of notificationto the clerk of superior court in the county of the original conviction thatthe judge presiding at the probation termination or revocation hearing has madea finding that restitution in a sum certain remains due and payable, that thedefendant's probation has been terminated or revoked, and that the remainingbalance of restitution owing may be collected by execution on the judgment. Theclerk shall then enter upon the judgment docket the amount that remains due andpayable on the judgment, together with amounts equal to the standard fees fordocketing, copying, certifying, and mailing, as appropriate, and shall collectany other fees or charges incurred as in the enforcement of other civiljudgments, including accrued interest. However, no interest shall accrue on thejudgment until the entry of an order terminating or revoking probation andfinding the amount remaining due and payable, at which time interest shallbegin to accrue at the legal rate pursuant to G.S. 24‑5. The interestshall be applicable to the amount determined at the termination or revocationhearing to be then due and payable. The clerk shall notify the victim by first‑classmail at the victim's last known address that the judgment may be executed upon,together with the amount of the judgment. Until the clerk receives notificationof termination or revocation of probation and the amount that remains due andpayable on the order of restitution, the clerk shall not be required to updatethe judgment docket to reflect partial payments on the order of restitution asa condition of probation. The stay of execution under this subsection shall notapply to property of the defendant after the transfer or conveyance of theproperty to another person. When the criminal order of restitution has beenpaid in full, the civil judgment indexed under this section shall be deemedsatisfied and the judgment shall be cancelled. Payment satisfying the civiljudgment shall also be credited against the order of restitution.
(d) An appeal of theconviction upon which the order of restitution is based shall stay execution onthe judgment until the appeal is completed. If the conviction is overturned,the judgment shall be cancelled. (1998‑212, s. 19.4(d).)
§15A‑1340.38. Enforcement of certain orders for restitution.
(a) In addition to theprovisions of G.S. 15A‑1340.36, when an order for restitution under G.S.15A‑1340.34(b) requires the defendant to pay restitution in an amount inexcess of two hundred fifty dollars ($250.00) to a victim, the order may beenforced in the same manner as a civil judgment, subject to the provisions ofthis section.
(b) The order forrestitution under G.S. 15A‑1340.34(b) shall be docketed and indexed inthe county of the original conviction in the same manner as a civil judgmentpursuant to G.S. 1‑233, et seq., and may be docketed in any other countypursuant to G.S. 1‑234. The judgment may be collected in the same manneras a civil judgment unless the order to pay restitution is a condition ofprobation. If the order to pay restitution is a condition of probation, thejudgment may only be executed upon in accordance with subsection (c) of thissection.
(c) If the defendant isordered to pay restitution under G.S. 15A‑1340.34(b) as a condition ofprobation, a judgment docketed under this section may be collected in the samemanner as a civil judgment. However, the docketed judgment for restitution maynot be executed upon the property of the defendant until the date of notificationto the clerk of superior court in the county of the original conviction thatthe judge presiding at the probation termination or revocation hearing has madea finding that restitution in a sum certain remains due and payable, that thedefendant's probation has been terminated or revoked, and that the remainingbalance of restitution owing may be collected by execution on the judgment. Theclerk shall then enter upon the judgment docket the amount that remains due andpayable on the judgment, together with amounts equal to the standard fees fordocketing, copying, certifying, and mailing, as appropriate, and shall collectany other fees or charges incurred as in the enforcement of other civiljudgments, including accrued interest. However, no interest shall accrue on thejudgment until the entry of an order terminating or revoking probation andfinding the amount remaining due and payable, at which time interest shallbegin to accrue at the legal rate pursuant to G.S. 24‑5. The interestshall be applicable to the amount determined at the termination or revocationhearing to be then due and payable. The clerk shall notify the victim by first‑classmail at the victim's last known address that the judgment may be executed upon,together with the amount of the judgment. Until the clerk receives notificationof termination or revocation of probation and the amount that remains due andpayable on the order of restitution, the clerk shall not be required to updatethe judgment docket to reflect partial payments on the order of restitution asa condition of probation. The stay of execution under this subsection shall notapply to property of the defendant after the transfer or conveyance of theproperty to another person. When the criminal order of restitution has beenpaid in full, the civil judgment indexed under this section shall be deemedsatisfied and the judgment shall be cancelled. Payment satisfying the civiljudgment shall also be credited against the order of restitution.
(d) An appeal of theconviction upon which the order of restitution is based shall stay execution onthe judgment until the appeal is completed. If the conviction is overturned,the judgment shall be cancelled. (1998‑212, s. 19.4(d).)
