Question

Collecting on a Judgement

Asked 24 March 2013 · 1 answer

The question

I'm in NC, and I have a court judgment against someone. I've been unable to collect on my judgment because the debtor has had no assets that I could go after. However, the debtor's father passed away a few weeks ago and his estate was filed this week. The debtor on my judgment is an heir to his estate. Can I file a writ of execution against the debtor's inheritance now, or do I have to wait until the estate is settled and the debtor takes possession of the inheritance?

From the LawyerCentral forum archive. Originally posted 24 March 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 18 April 2013

Though the judgement was handed down in your favor and not the other way around, I hope this link is helpful in explaining various ways judgments are enforced: (removed)

Generally speaking, I believe a writ of execution is useless until the debtor actually takes control of the decedent's inheritance. This link goes into more detail on civil judgments like yours and how they are executed in North Carolina: (removed)

I am not a lawyer. What I do know is that North Carolina has certain amounts of money and types of property that are safe against judgement collection. More information on those can be found here: (removed)

I am unsure about how all this applies to collecting debts out of a debtor's inheritance. You should certainly bring all of your questions to a lawyer in North Carolina who knows about the state's debt collection laws. Best of luck.

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