North Carolina General Statutes 1C-1704. Notice of filing; service
Terms Used In North Carolina General Statutes 1C-1704
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Foreign Judgment: means any judgment, decree, or order of a court of the United States or a court of any other state which is entitled to full faith and credit in this State, except a "child support order" as defined in N. See North Carolina General Statutes 1C-1702
- Judgment Creditor: means the party in whose favor a foreign judgment has been rendered. See North Carolina General Statutes 1C-1702
- Judgment Debtor: means the party against whom a foreign judgment has been rendered. See North Carolina General Statutes 1C-1702
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) Promptly upon the filing of a foreign judgment and affidavit, the judgment creditor shall serve the notice of filing provided for in subsection (b) on the judgment debtor and shall attach thereto a filed-stamped copy of the foreign judgment and affidavit. Service and proof of service of the notice may be made in any manner provided for in Rule 4(j) of the Rules of Civil Procedure.
(b) The notice shall set forth the name and address of the judgment creditor, of his attorney if any, and of the clerk’s office in which the foreign judgment is filed in this State, and shall state that the judgment attached thereto has been filed in that office, that the judgment debtor has 30 days from the date of receipt of the notice to seek relief from the enforcement of the judgment, and that if the judgment is not satisfied and no such relief is sought within that 30 days, the judgment will be enforced in this State in the same manner as any judgment of this State. (1989, c. 747.)