**DID YOU KNOW**: If you have a judgment against a company, you can have the Sheriffs Department seize its bank accounts in addition to property! Its not unusual for our clients to decide the expense of pursuing a company that has wronged them -- taking someones money without providing the service paid for is the most common case -- because many companies dont hold property in the companys name, and seizing property is the main way Sheriffs Departments enforce court judgments. But a short provision of the North Carolina General Statutes actually empowers the Sheriff to also freeze and seize bank accounts used by the company as well! N.C. Gen. Stat. § 1-359 provides that [A]ll persons indebted to the judgment debtor... may pay to the sheriff the amount of their debt[.] In non-legalese, this means a bank (which is indebted to the person who deposits money into the account) can turn money over to the Sheriff to satisfy the judgment you have against the account-holder. Like we noted in an earlier entry, the process starts by issuing a Writ of Execution against the company. The next step is to have your attorney obtain what is called an Order in Aid of Execution that empowers the Sheriffs Department to freeze any bank accounts found in the county where the Writ was issued. Then your attorney obtains a separate Order to Release Funds ordering the Sheriff to turn over any funds seized to you. Its a long process, but is one way of trying to collect on your judgment. ******************** FOR MORE INFORMATION: ==> N.C. Gen. Stat. § 1-359, Debtors of judgment debtor may satisfy execution: ==> Poyner Spruill, Show Me the Money! Recent Changes to Post-Judgment Collections in North Carolina:
Posted on: Thu, 07 Aug 2014 19:40:16 +0000
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