Legal Question in Credit and Debt Law in North Carolina
What is an execution on a money judgement? My husband received a letter from the Sheriff's office about it. We know what it has to do with and don't understand what they are trying to collect since we have filed our exemption!
1 Answer from Attorneys
An execution is issued even when you timely file your exemptions. The Sheriff is asking you to make payment on the judgment. If your exemptions were timely filed and all of your property is exempt, the Sheriff cannot "take" anything, but they can "ask". You should promptly contact the Sheriff in response to the writ of execution and explain your circumstances. If you cannot pay anything on the judgment and all of your property is exempted, the Sheriff will return the writ of execution as unsatisfied, no property upon which to levy. Interest will continue to accrue on the unpaid judgment.
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