How can a judgment be enforced when immediate payment is not made?

Prepare for the North Carolina Rules of Civil Procedure Exam. Study with in-depth flashcards and multiple-choice questions. Each question has detailed explanations and hints to ensure a thorough understanding of NCGS Section 1A-1. Get ready for your exam today!

Multiple Choice

How can a judgment be enforced when immediate payment is not made?

Explanation:
When a judgment is entered but the loser does not pay right away, you use post-judgment remedies to collect. In North Carolina, the main tools are writs of execution and garnishment. A writ of execution goes to the sheriff and allows seizure of the debtor’s non-exempt property, with that property sold to satisfy the judgment. Garnishment lets the creditor reach money owed to the debtor by third parties—such as wages, bank accounts, or other debts—to apply toward the judgment. These are the standard enforcement methods to compel payment when voluntary payment doesn’t occur. The other options aren’t enforcement mechanisms: a trial de novo is a new trial, not collection; dismissal ends the case; mediation is a negotiation process and doesn’t enforce payment.

When a judgment is entered but the loser does not pay right away, you use post-judgment remedies to collect. In North Carolina, the main tools are writs of execution and garnishment. A writ of execution goes to the sheriff and allows seizure of the debtor’s non-exempt property, with that property sold to satisfy the judgment. Garnishment lets the creditor reach money owed to the debtor by third parties—such as wages, bank accounts, or other debts—to apply toward the judgment. These are the standard enforcement methods to compel payment when voluntary payment doesn’t occur.

The other options aren’t enforcement mechanisms: a trial de novo is a new trial, not collection; dismissal ends the case; mediation is a negotiation process and doesn’t enforce payment.

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