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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I won a case with a truck driver on private property. The

Customer Question

I won a case with a truck driver for trespassing on private property. The court found the man guilty third degree trespassing. I went to small claims court and I won in small claims court. My question is how do I go about garnishing his assets in the state of N.C.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of practice experience. It is a pleasure to assist you today.

Wage garnishment in North Carolina is somewhat different than most states in that certain debts cannot be collected via wage garnishment. Fortunately for you, this is one that can be collected. You must first place the defendant on notice with a certain form that has to be served via serve of process.

Under North Carolina law, the process of collecting on a judgment against an individual includes the judgment creditor sending to the judgment debtor a Notice of Right.

The judgment debtor has only 20 days to serve and file a response. If the judgment debtor does not respond, then the judgment debtor’s exemptions are waived (including the exemption of wages earned within the past 60 days and reasonably necessary for the use of a family supported by the labor).

This is the form you must send. http://www.nccourts.org/forms/Documents/252.pdf

If they do not timely respond, then you take this along with proof of service of process (you can do this through the sheriff office) to the court that rendered the judgement against them and ask that the wage be garnished.

The court will issue an order that is served on their employer and employer will have to garnish the wages.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes and Happy Holidays!

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