State Codes and Statutes

Statutes > North-carolina > Chapter_1C > GS_1C-1703

§1C‑1703.  Filing and status of foreign judgments.

(a)        A copy of anyforeign judgment authenticated in accordance with an act of Congress or thestatutes of this State may be filed in the office of the clerk of superiorcourt of any county of this State in which the judgment debtor resides, or ownsreal or personal property.  Along with the foreign judgment, the judgmentcreditor or his attorney shall make and file with the clerk an affidavit whichstates that the foreign judgment is final and that it is unsatisfied in wholeor in part, and which sets forth the amount remaining unpaid on the judgment.

(b)        Upon the filing ofthe foreign judgment and the affidavit, the foreign judgment shall be docketedand indexed in the same manner as a judgment of this State; however, noexecution shall issue upon the foreign judgment nor shall any other proceedingbe taken for its enforcement until the expiration of 30 days from the date uponwhich notice of filing is served in accordance with G.S. 1C‑1704.

(c)        A judgment so filedhas the same effect and is subject to the same defenses as a judgment of thisState and shall be enforced or satisfied in like manner; provided however, ifthe judgment debtor files a motion for relief or notice of defense pursuant toG.S. 1C‑1705, enforcement of the foreign judgment is automaticallystayed, without security, until the court finally disposes of the matter. (1989,c. 747.)

State Codes and Statutes

Statutes > North-carolina > Chapter_1C > GS_1C-1703

§1C‑1703.  Filing and status of foreign judgments.

(a)        A copy of anyforeign judgment authenticated in accordance with an act of Congress or thestatutes of this State may be filed in the office of the clerk of superiorcourt of any county of this State in which the judgment debtor resides, or ownsreal or personal property.  Along with the foreign judgment, the judgmentcreditor or his attorney shall make and file with the clerk an affidavit whichstates that the foreign judgment is final and that it is unsatisfied in wholeor in part, and which sets forth the amount remaining unpaid on the judgment.

(b)        Upon the filing ofthe foreign judgment and the affidavit, the foreign judgment shall be docketedand indexed in the same manner as a judgment of this State; however, noexecution shall issue upon the foreign judgment nor shall any other proceedingbe taken for its enforcement until the expiration of 30 days from the date uponwhich notice of filing is served in accordance with G.S. 1C‑1704.

(c)        A judgment so filedhas the same effect and is subject to the same defenses as a judgment of thisState and shall be enforced or satisfied in like manner; provided however, ifthe judgment debtor files a motion for relief or notice of defense pursuant toG.S. 1C‑1705, enforcement of the foreign judgment is automaticallystayed, without security, until the court finally disposes of the matter. (1989,c. 747.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1C > GS_1C-1703

§1C‑1703.  Filing and status of foreign judgments.

(a)        A copy of anyforeign judgment authenticated in accordance with an act of Congress or thestatutes of this State may be filed in the office of the clerk of superiorcourt of any county of this State in which the judgment debtor resides, or ownsreal or personal property.  Along with the foreign judgment, the judgmentcreditor or his attorney shall make and file with the clerk an affidavit whichstates that the foreign judgment is final and that it is unsatisfied in wholeor in part, and which sets forth the amount remaining unpaid on the judgment.

(b)        Upon the filing ofthe foreign judgment and the affidavit, the foreign judgment shall be docketedand indexed in the same manner as a judgment of this State; however, noexecution shall issue upon the foreign judgment nor shall any other proceedingbe taken for its enforcement until the expiration of 30 days from the date uponwhich notice of filing is served in accordance with G.S. 1C‑1704.

(c)        A judgment so filedhas the same effect and is subject to the same defenses as a judgment of thisState and shall be enforced or satisfied in like manner; provided however, ifthe judgment debtor files a motion for relief or notice of defense pursuant toG.S. 1C‑1705, enforcement of the foreign judgment is automaticallystayed, without security, until the court finally disposes of the matter. (1989,c. 747.)