Free ExecutionFrm.pdf - North Carolina


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United States District Court

Middle District of North Carolina

TO: FROM: DATE: SUBJECT:

Public Middle District of North Carolina February 11, 2009 Execution Directions

1.

If the judgment debtor is a corporation or company,. the notice to judgment debtor of right to designate does not apply and execution may be issued within ten (10) days after final judgment, unless a stay pending appeal has been granted. Request for Issuance of Execution shall be in writing, with principal, interest and costs figures broken down. The request should be accompanied by a USM-285 service form, as the Marshal serves the execution. A PDF version of the USM-285 can be obtained at http://www.usmarshals.gov/process/usm-285.pdf. Attorney filers shall submit both forms in electronic format to [email protected] If the execution is to be served on an individual, the requester must first file a motion that the clerk issue an order notifying the debtor of his rights pursuant to Rule 69 of the Federal Rules of Civil Procedure, and the Constitution and law of North Carolina. See Ex. 1. For attorney filers, the motion shall be filed in CM/ECF using the "Motion for Issuance" event. The filer must also submit an order in Word or WordPerfect format to [email protected] for the Clerk's signature. See Ex. 2.

2.

3.

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

vs

Plaintiff, ) ) ) ) Defendant.)

Civil Action No.

MOTION

Comes now the plaintiff and judgment creditor in the above-entitled action and moves that a notice from the court be served upon the defendant and judgment debtor advising him of his rights pursuant to Rule 69, Federal Rules of Civil Procedure, and the Constitution and laws of North Carolina. In support of this motion the plaintiff shows the court that the judgment in this case in favor of the plaintiff has not been reversed, vacated, or satisfied; that no writ of execution has been issued by this court; and that this judgment in favor of the plaintiff is one on which execution may properly be issued after notice as provided by law. This the day of , 20 .

Attorney for the Plaintiff Address

Telephone:

EXHIBIT 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA Plaintiff, ) ) ) ) Defendant.)

vs

Civil Action No.

ORDER

THIS CASE is before the Court on motion of the plaintiff that notice from the court be served upon the judgment debtor advising him of his rights. IT APPEARING to the clerk that the motion should be granted pursuant to Rule 69, Federal Rules of Civil Procedure, Article X of the Constitution of North Carolina, and Articles 28 and 31 of Chapter 1 and Chapter 1C of the General Statutes of North Carolina; now therefore, IT IS ORDERED that Notice of Right to Have Exemptions Designated, together with Schedule of Debtor's Assets Submitted in Support of Motion to Designate Exemption shall be served upon the judgment debtor. This the day of , 20 .

Clerk, United States District Court Middle District of North Carolina 324 West Market Street P.O. Box 2708 Greensboro, North Carolina 27402 Telephone: (336) 332-6150

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Plaintiff Address Case Number:

EXECUTION VERSUS Defendant Address (Rule 69, F.R.Cv.P. and G.1-313(1); GS.1C, Art. 16) Defendant Address

TO THE UNITED STATES MARSHAL: By the terms of a judgment rendered in favor of against , Principal $ Interest to date Court Costs $ the following sums are now due: Other Total: $ . Post-Judgment Date Judgment entered on docket:

For the United States Marshal's fees (see 28 U.S.C. 1921) - $ interest is computed on the principal at the legal rate from the date shown below: Date from which interest due: Legal rate of interest:

You are commanded to satisfy the judgment Q By demanding payment from the defendant

Q Out of the personal property of the defendant, and if sufficient property cannot be found, then out of the real property belonging to the defendant on the day the judgment was entered on the docket of this Court as shown above or any time after that date. Q Except as to property set off as exempt (a list of which attached) out of the personal property of the defendant within your district, and if sufficient personal property cannot be found, then out of real property belonging to the defendant on the day the judgment was docketed in this court as shown above or any time after that date. Q Out of the property listed below which is excepted by law from the exemptions:

Description of property excepted from exemptions (if applicable)

Additional order for satisfying judgment

Date Issued:

This writ must be returned within 90 days after the date of issue.
MDNC (12/05)

Signature: Q Q Clerk, U.S. District Court Deputy Clerk

MIDDLE DISTRICT OF NORTH CAROLINA
UNITED STATES DISTRICT COURT

File No.

Name of Plaintiff

NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED
VERSUS

Name of Defendant

N.C.G.S IC-1603

TO:
Name and Address of First Judgment Debtor

TO:
Name and Address of Second Judgment Debtor

A judgement has been entered against you in the case captioned above in which you have been ordered to 9 turn over various household belongings to the judgment creditor. 9 pay money over The judgment creditor (person who has the judgment against you) is now seeking to collect this judgment and has asked me to give you notice of your rights. Under the Constitution and laws of North Carolina, you have the right to exempt from the collection of the judgment certain of your property (in other words, to keep it from being taken away from you). If you wish to keep your exempt property, you MUST fill out the attached Motion to Claim Exempt Property and mail or take it to the Clerk of Court at the address listed below. You MUST also mail or take a copy to the judgment creditor at his address listed below. The law gives you another option of requesting, in writing, a hearing before the Clerk to claim your exemptions. If you make a written request for a hearing, you will be notified of the time and place of the hearing when you may claim your exemptions. It is important that you respond to this Notice no later that twenty (20) days after it was served on you because you will lose valuable statutory rights if you do nothing. If you do not respond, you will give up your right to statutory exemptions and the judgment creditor may be able to take any or all of your property to satisfy the judgment. You have certain constitutional rights you may claim if you give up your statutory rights. You may wish to consider hiring an attorney to help you with this proceedings to make certain that you receive all the protections to which you are entitled.

Name and Address of Judgment Creditor or Attorney

Date Signature Clerk of Court Address of the Clerk of Court

Telephone No:

Page 1 of 7 (MDNC Dec. 2005)

NOTICE TO THE JUDGMENT CREDITOR You may serve this Notice and the Motion to Claim Exempt Property by mailing a copy of each, registered or certified mail, return receipt requested, address to the judgment debtor. To prove service, you must file an affidavit (notarized be a notary public) with the Clerk asserting that (1) a copy of the notice of rights and Motion to Claim Exempt Property was desposited in the post office for mailing by registered or certified mail, return receipt requested; (2) it was in fact received as evidenced by the attached registry receipt or other evidence of delivery; and (3) the genuine receipt or other evidence of delivery is attached. You must attach the post office delivery receipt to the affidavit. Alternatively, service of the motion may be effected by any person who is not a party and who is at least 18 years of age following the procedures set forth in Federal Rules of Civil Procedures 4(e)(2). If your attempted service by certified or registered mail or personal service fails, you may then serve the judgment debtor by mailing a copy of notice and motion to him at his last known address. To prove service, you must file a certificate with the Clerk that the notice and motion were served indicating why you used such service, the date the notice was mailed and the address to which it was mailed. Remember, you may NOT use service by regular first class mail until you have tried first to serve the judgment debtor personally or by certified or registered mail and such service was unsuccessful.

RETURN OF SERVICE
I certify that this Notice and a copy of a motion to claim exempt property were received and served as follows: JUDGMENT DEBTOR 1
Date Served Name of Judgment Debtor

G G

By delivering to the judgment debtor named above a copy of the notice and motion to claim exempt property. By leaving a copy of the notice and motion to claim exempt property at the dwelling house or usual place of abode of the judgment debtor named above with a person of suitable age and discretion then residing therein.

Name and Address of Person with Whom Copies Left

G
Date Served

Other manner of service (specify) JUDGMENT DEBTOR 2
Name of Judgment Debtor

G G

By delivering to the judgment debtor named above a copy of the notice and motion to claim exempt property. By leaving a copy of the notice and motion to claim exempt property at the dwelling house or usual place of abode of the judgment debtor named above with a person of suitable age and discretion then residing therein.

Name and Address of Person with Whom Copies Left

G
Signed:

Other manner of service (specify)
Person Making Return (Printed)

Page 2 of 7 (MDNC Dec. 2005)

MIDDLE DISTRICT OF NORTH CAROLINA
UNITED STATES DISTRICT COURT

File No.

Judgment Creditor (Plaintiff)

NOTICE TO CLAIM EXEMPT PROPERTY (STATUTORY EXEMPTIONS)

VERSUS

Judgment Debtor (Defendant)

N.C.G.S. 1C -1603(c)

NOTE TO DEBTOR (DEFENDANT): The Clerk of Court cannot fill out this form for you. If you need assistance, you should talk with an attorney. I, the undersigned, move to set aside the property claimed below as exempt. 1. I am a citizen and resident of and was born on 2. 9 I am married to 9 I am not married. 3. My current address is . 4. The following persons live in my household and are dependent on me for support:
Name(s) of Person(s) Dependent on Me Age Relationship

. .

5. I wish to claim as exempt (keep from being taken) my interest in the following real or personal property that I use as a residence. I also wish to claim my interest in the following burial plots for myself or my dependents. I understand that my total interest claimed in the residence and burial plots may not exceed $18,500.00 ($37,000 if I am 65 years of age or older and I previously owned my property as a tenant by the entireties or as a join tenant with rights of survivorship and my former co-owner is deceased).
Street Address of Residence County Where Property Located Township No. by Which Tax Assessor Identifies Property

Page 3 of 7 (MDNC Dec. 2005)

Legal Description (Attach a copy of your deed or other instrument of conveyance or describe property in as much detail as possible. Attach additional sheets if necessary.)

Name(s) of Owner(s) of Record of Residence

Estimated Value of Residence (What You Think You Could Sell It For) Current Amount Owed

Amount of Lien(s) and Name(s) and Address(es) of Lienholder(s) (How much money is owed on the property and to whom.)

$ $
Location of Burial Plots Claimed Value of Burial Plots Claimed

$
6. I wish to claim the following personal property consisting of household furnishings, households goods, wearing apparel, appliances, books, animals, crops or musical instruments as exempt from the claim of my creditors (in other words, keep them form being taken from me). These items of personal property are held primarily for my personal, family or household use. I understand that I am entitled to personal property worth the sum of $5,000.00. I understand that I am also entitled to an additional $1,000.00 for each person dependent on me for support, but not to exceed $4,000.00 for dependents. I further understand that I am entitled to this amount after deducting from the value of the property the amount of any valid lien or security interest. Property purchased within 90 days of this proceeding may not be exempt. (Some examples of households goods would be TV, appliances, furniture, clothing, radios, record players.) Value of Debtor's Amount of Lien (Defendant's) Or Security Fair Market Interest (Fair Market Value Less Amount Interest (Amount Value (What You Name(s) of Lienholders(s) Owed) Owed on Property) (To Whom Money is Owed) Could Sell It For) Item of Property

$ $ $ $ $ $ $

$ $ $ $ $ $ $

$ $ $ $ $ $ $

7. I wish to claim my interest in the following motor vehicle as exempt from the claim of my creditors. I understand that I am entitled to my interest in one motor vehicle worth the sum of $3,500.00 after deduction of the amount of any valid liens or security interests. I understand that a motor vehicle purchased within 90 days of this proceeding may not be exempt. Make and Model Year Name(s) of Title Owner of Record
Fair Market Value (What You Could Sell It For)
Name(s) of Lienholder(s) or Record (Person(s) to Whom Money is Owed)

$ Amount of Liens (Amount Owed) $
Page 4 of 7 (MDNC Dec. 2005)

Value of Debtor's (Defendant's) Interest (Fair Market Value Less Amt. Owed)

$

8. (This item is to claim any other property you own that you wish to exempt.) I wish to claim the following property as exempt because I claimed residential real or personal property as exempt that is worth less than $18,500.00 or I made no claim for a residential exemption under section (5) above. I understand that I am entitled to $5,000.00 in any property only if I made no claim under section (5) above or a claim that was less than $18,500 under section (5) above. I understand that I am entitled to claim any unused amount that I was permitted to make under section (5) above up to a maximum of $5,000 in any property. (Examples: if you claim $17,500.00 under section (5), $1,000.00 allowed here; if you claim $13,500.00 under section (5), $5,000 allowed here; if you claim $18,500 under section (5), no claim allowed here.) I further understand that the amount of my claim under this section is after the deduction from the value of this property of the amount of any valid lien or security interests and that tangible personal property purchased within 90 days of this proceeding may not be exempt. Fair Value of Debtor's Item Of Market (Defendant's) Personal Property Claimed Value Amount of Liens Name(s) of Lienholder(s) Interest $ $ $ $ $ $ $ $ $ $ $ $

Real Property Claimed (I understand that if I wish to claim more than one parcel, I must attach additional pages setting forth the following information for each parcel claimed as exempt.) Street Address Estimated Value of Property (What You Could Sell It For)
County Township

$ No. by Which Tax Assessor Identifies Property

Description (Attach a copy of your deed or other instrument of conveyance or describe the property in as much detail as possible Current Amount Owed

Name and Address of Lienholder Name and Address of Lienholder
(Attach additional sheets for more lienholders)

$ Current Amount Owed $

9. I wish to claim the following item of health care aid necessary for 9 myself 9 my dependents. Item Purpose

10. I wish to claim the following implements, professional books, or tools (not to exceed $2,000.00), of my trade or the trade of my dependent. I understand that such property purchased within 90 days of this proceeding may not be exempt. Item Estimated Value (What You Could Sell It For) What Business or Trade Used In $ $ $ $
Page 5 of 7 (MDNC Dec. 2005)

11. I wish to claim the following life insurance policies whose sole beneficiaries are my spouse and/or children as exempt Name of Insurer Policy No. Beneficiary(ies)

12. I wish to claim as exempt the following compensation that I received or which I am entitled for the personal injury of myself or a person whom upon whom I was dependent for support, including compensation from a private disability policy or annuity, or compensation that I received for the death or a person upon whom I was dependent for support. I understand that this compensation is not exempt from claims for funeral, legal, medical, dental, hospital or health care charges related to the accident or injury that resulted in the payment of the compensation to me. I understand that if I wish to claim more than one amount of compensation exempt, I must attach additional pages setting forth the following information for each amount of compensation claimed exempt. Amount of Compensation Method of Payment: Lump Sum or Installments (If Installments, State Amount, Frequency and Duration of Payments) $
Location/Source of Compensation Name of Person(s) injured or killed giving rise to compensation

Unpaid Debts arising out of the injury of death giving rise to compensation (include names, addresses, services rendered and amount of debt)

13. I wish to claim as exempt the following retirement plans that I have that are individual retirement plans as described in the Internal Revenue Code or that are treated in the same manner as an individual retirement plan under the Internal Revenue Code, including individual retirement accounts and Roth retirement accounts as described in section 408(a) and section 408A of the Internal Revenue Code, individual retirement annuities as described in section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in section 408(c) of the Internal Revenue Code. Type of Retirement Account Name of Account Account Number

14. I wish to claim as exempt the following funds I hold in a college savings plan, not to exceed $25,000. I understand that to qualify for this exemption, the college savings plan must qualify as a college savings plan under section 529 of the Internal Revenue Code, and the college savings plan must be for my child and must actually be used for my child's college or university expenses. I understand I may not exempt any funds I placed in this account within the preceding 12 months, except to the extent that any contributions were made in the ordinary course of my financial affairs and were consistent with my past pattern of contributions. College Savings Plan Account Number Name(s) of Child(ren) Beneficiaries

Page 6 of 7 (MDNC Dec. 2005)

15. I wish to claim as exempt the following retirement benefits to which I am entitled to under the retirement plans of other states and governmental units of other states. I understand that these benefits are exempt only to the extent these benefits are exempt under the laws of the state or governmental unit under which the benefit plan was established. State/Governmental Unit Name of Retirement Plan Identifying Number

16. I wish to claim as exempt any alimony, support, separate maintenance, or child support payments or funds that I have received or that I am entitled to receive. I understand that these payments are exempt only to the extent that they are reasonably necessary for my support or for the support of a person dependent on me for support. Type of Support Person Paying Support Amount & Location of Funds

17. The following is a complete listing of all of my assets that I have not claimed as exempt under any of the preceding paragraphs. Item Location $ $ $ $ 18. The following is a complete list of persons or business that have judgments for money against me. Estimated Value

19. I certify that the above statements are true. Date

Signature of Judgment Debtor (Defendant)

20. A copy of this Motion was served on the judgment creditor (plaintiff) by: 9 delivering a copy to the judgment creditor (plaintiff) personally. 9 delivering a copy to the judgment creditor's attorney 9 depositing a copy of this motion in a post-paid properly addressed wrapper in a post office, addressed to the judgment creditor (plaintiff) at the address shown on the notice of rights served on me. 9 depositing a copy of this Motion in a post-paid properly addressed wrapper in a post office, addressed to the judgment creditor's (plaintiff's) attorney at the following address:
Date Signature of Judgment Debtor/Attorney for Debtor (Defendant)

Address and Phone No. of Attorney for Debtor (Defendant)

Page 7 of 7 (MDNC Dec. 2005)