Chapter 1C Enforcement of Judgments
Article 0 - Reserved
Article 16 - Exempt Property.
- § 1C-1601 What property exempt; waiver; exceptions
(a) Exempt property. Each individual, resident of this State, who is a debtor is entitled to retain free of the enforcement of the claims of...
- § 1C-1602 Alternative exemptions
The debtor may elect to take the personal property and homestead exemptions provided in Article X of the Constitution of North Carolina instead of the...
- § 1C-1603 Procedure for setting aside exempt property
(a) Motion or Petition; Notice. (1) A judgment debtor may have his exempt property designated by motion after judgment has been entered against him. (2)...
- § 1C-1604 Effect of exemption
(a) Property allocated to the debtor as exempt is free of the enforcement of the claims of creditors for indebtedness incurred before or after the...
- § 1C-1605 through 1C-1700 Reserved for future codification purposes
Article 17 - Uniform Enforcement of Foreign Judgments Act.
- § 1C-1701 Short title
This Article shall be known and may be cited as the Uniform Enforcement of Foreign Judgments Act. (1989, c. 747.)
- § 1C-1702 Definitions
As used in this Article, unless the context requires otherwise: (1) "Foreign Judgment" means any judgment, decree, or order of a court of the United...
- § 1C-1703 Filing and status of foreign judgments
(a) A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this State may be filed in...
- § 1C-1704 Notice of filing; service
(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)...
- § 1C-1705 Defenses; procedure; stay
(a) The judgment debtor may file a motion for relief from, or notice of defense to, the foreign judgment on the grounds that the foreign...
- § 1C-1706 Fees
The enforcement of a foreign judgment under this Article shall be subject to the costs and fees set forth in Article 28 of Chapter 7A...
- § 1C-1707 Optional procedure
This Article may not be construed to impair a judgment creditor's right to bring a civil action in this State to enforce such creditor's judgment....
- § 1C-1708 Judgments against public policy
The provisions of this Article shall not apply to foreign judgments based on claims which are contrary to the public policies of North Carolina. (1989,...
- § 1C-1709 through 1C-1749 Reserved for future codification purposes
Article 17A - Enforcement of Foreign Judgments for Noncompensatory Damages.
Article 18 - North Carolina Foreign Money Judgments Recognition Act.
- § 1C-1800 Short title
This Article may be cited as the North Carolina Foreign Money Judgments Recognition Act. (1993, c. 188.)
- § 1C-1801 Definitions
As used in this Article: (1) "Foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other...
- § 1C-1802 Applicability of Article
This Article applies to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal of the judgment is pending...
- § 1C-1803 Recognition and enforcement
Except as provided in G.S. 1C‑1804, a foreign judgment meeting the requirements of G.S. 1C‑1802 is conclusive between the parties to the extent that it...
- § 1C-1804 Grounds for nonrecognition
(a) A foreign judgment is not conclusive if: (1) The judgment was rendered under a system that does not provide impartial tribunals or procedures compatible...
- § 1C-1805 Basis for personal jurisdiction
(a) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign state;...
- § 1C-1806 Stay pending an appeal
If the defendant satisfies the court either that an appeal is pending or that the defendant is entitled and intends to appeal from the foreign...
- § 1C-1807 Situations not covered by Article
This Article does not prevent the recognition of foreign judgments in situations not covered by this Article. (1993, c. 188, s. 1; 1995, c. 509,...
- § 1C-1808 Uniformity of interpretation
This Article shall be construed to effectuate its general purpose to make uniform the law of those states that enact it. (1993, c. 188.)
- § 1C-1809 through 1C-1819 Reserved for future codification purposes
Article 19 - The North Carolina Foreign-Money Claims Act.
- § 1C-1820 Definitions
As used in this Article: (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with...
- § 1C-1821 Scope of Article
(a) This Article applies only to a foreign‑money claim in an action or distribution proceeding. (b) This Article applies to foreign‑money issues even if other...
- § 1C-1822 Variation by agreement
(a) The effect of this Article may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding...
- § 1C-1823 Determining proper money of the claim
(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim...
- § 1C-1824 Determining amount of the money of certain contract claims
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to...
- § 1C-1825 Asserting and defending foreign-money claims
(a) A person may assert a claim in a specified foreign money. If a foreign‑money claim is not asserted, the claimant shall make the claim...
- § 1C-1826 Judgments and awards on foreign-money claims, times of money conversion; form of judgments
(a) Except as provided in subsection (c) of this section, a judgment or award on a foreign‑money claim must be stated in an amount of...
- § 1C-1827 Conversions of foreign money in distribution proceedings
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated shall govern all exchanges of...
- § 1C-1828 Prejudgment and judgment interest
(a) Except as provided in subsection (b) of this section, recovery of prejudgment or pre‑award interest and the rate of interest to be applied in...
- § 1C-1829 Enforcement of foreign judgments
Subject to the provisions of Article 17 and 18 of this Chapter: (a) If an action is brought to enforce a judgment of another jurisdiction...
- § 1C-1830 Determining United States dollar value of assets to be seized or restrained
(a) Computations under this section shall not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of...
- § 1C-1831 Effect of currency revalorization
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a...
- § 1C-1832 Supplementary general principles of law
Unless displaced by particular provisions of this Article, the principles of law and equity, including the law merchant, and the law relative to capacity to...
- § 1C-1833 Uniformity of application and construction
This Article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Article...
- § 1C-1834 Short title
This Article may be cited as the North Carolina Foreign‑Money Claims Act. (1995, c. 213, s. 1.)
- § 1C-1835 through 1C-1839 Reserved for future codification purposes
