Legal Question in Credit and Debt Law in North Carolina
Is a writ of execution sent through regular mail valid? I thought the sheriff had to deliver a formal writ of execution to take your property.
1 Answer from Attorneys
See NC Rules of Civil Procedure 4 and 5 which would suggest that the writ must be served by the sheriff. The writ is directed to the sheriff, not you and orders the sheriff to seize property. I am therefore confused as to why you would receive the writ by regular mail unless the plaintiff sent you a courtesy copy.
Was a judgment entered against you? Were you served with a notice of rights to have exemptions designated and a motion to claim exempt property? Did you fill out the exemptions? Do you have more assets than the law allows you to exempt? If so, why have you not made arrangements to prevent execution or filed bankruptcy? Or is this some debt collector trying to scare you by sending you something via mail?
Its impossible to advise you without reviewing the documents. I suggest that you find local counsel. If there has been a sumons and complaint, judgment and exemptions, then the lawyer needs to review those as well as the writ of execution. If you have a judgment against you, then you next need to decide, with the lawyer, what can be done about it and whether bankruptcy is or is not right for you.