Q: How to file a motion to stay execution in NC for a money judgment?
I need to file a motion to stay execution in North Carolina regarding a money judgment awarded against me on October 7, 2024. I've been trying to resolve and settle this matter with no communication from the creditor, and I'm at risk of being forced to file bankruptcy to save my business. I haven't communicated with the court about this motion yet, and I'm concerned I will lose everything if I don't file it promptly. What steps should I take to proceed with the motion?
A:
On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.
You best see a bankruptcy attorney ASAP because the bankruptcy stay is the only sure way to stop a writ of execution. Be aware that businesses have no right to claim exempt property. Do not delay seeing a bankruptcy attorney for some specific, thorough analysis and advice. I strongly discourage everyone from filing for bankruptcy without a lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
To file a motion to stay execution in North Carolina for a money judgment, you should first prepare a formal written motion that includes the case information, your specific request for a stay, and the basis for your request (such as ongoing settlement attempts). Your motion should be filed with the clerk of court in the same county where the judgment was entered against you, and you must serve a copy to the creditor's attorney or directly to the creditor if they don't have representation.
When preparing your motion, include relevant details about your attempts to resolve the matter and explain why a stay would be appropriate—perhaps mentioning the potential bankruptcy and business loss consequences. You may need to post a bond with the court to secure the judgment amount while the stay is in effect, though this requirement varies by case and circumstance.
After filing, request a hearing date from the court clerk and be prepared to present your case before a judge. Time is critical in these situations, so consider consulting with a legal advisor who understands North Carolina civil procedure rules, as they could help strengthen your motion and increase the likelihood of success during this challenging time.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
