Legal Question in Credit and Debt Law in North Carolina

Sometimes. A creditor is always free to take less so they could cancel the judgment upon if you had worked something out or stop execution proceedings as long as you are making payments.. They are required to apply payments towards the judgment but they don't have to cancel it for less money than they would otherwise get. I believe you can make payments directly to the Clerk of Court who would forward it to the creditor and each payment would be applied towards the judgment.

A creditor can take whatever assets are not exempted to apply towards the judgment - in order to avoid personal property being taken, you have to respond to the notice of rights within 20 days by filling out the motion to designate exemptions and filing it within 20 days of the day you were served. Whether or not they can take personal property will depend on the value of the property and the amount of the exemptions you are allowed. If the value is more than your exemptions, then the creditor could take certain property. It also helps if you are married and the judgment is only against one spouse.

- Jeff