Is there a form to file a Motion to Stay Execution for a judgment in NC?

Question

I need to know if there is a specific form required in North Carolina to file a Motion to Stay Execution on a money judgment against my LLC. I have three judgments totaling around $500k. One judgment is being settled, but the other creditors are not responding. I have not filed any motions yet. All judgments are from the same court, although one had paperwork with the wrong county. I am seeking alternatives to declaring bankruptcy, as there are no unencumbered assets my business owns.

W. J. Winterstein Jr. · Answer

Most "forms" are a trap, trusting you to choose what may be relevant to the Court.  Most courts have rules that prohibit offers of proof on matters not well pled in the forms.   
And a pleading almost certainly triggers a court hearing. 
On top of that, most lawyers will reject requests to prosecute or defend a "form" pleading. 
 
You are best advised to seek counsel with an experienced practitioner now about your goals.

Lynn Ellen Coleman · Answer

No, there is no "form".  I have answered your question before a few weeks ago, and an out of state lawyer provided a thoughtful answer. If you refuse to file bankruptcy you need to hire an experienced attorney to help you, this is too difficult a Motion to attempt to do on your own. A Chapter 11 bankruptcy is probably the only way to force your creditors to work with you for an orderly payback plan.

James L. Arrasmith · Answer

In North Carolina, there isn't a specific standard form provided by the courts to file a Motion to Stay Execution of a money judgment against your LLC. Typically, you'll need to draft your own motion, clearly stating your reasons for requesting the stay, such as your ongoing settlement efforts and the lack of response from other creditors. Your motion should include details of the judgments, the case numbers, the current status of any negotiations, and the potential harm if execution proceeds. 
 
Make sure your motion addresses the unique circumstances of your situation, especially emphasizing the settlement in progress and your good-faith efforts to resolve the debts without bankruptcy. You’ll also want to highlight the administrative error related to the paperwork filed in the wrong county as this may impact enforcement. 
 
After preparing your motion, file it in the same court that entered the judgments, and serve copies on all involved creditors. Because this process can be complex, consider consulting a North Carolina attorney experienced in collections or business disputes to review your motion before submission. This will help ensure your paperwork meets the court’s expectations and maximizes your chance of receiving the relief you seek.

Q: Is there a form to file a Motion to Stay Execution for a judgment in NC?