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  1. #1
    Join Date
    Jul 2017
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    2

    Default Won Small Claims Case but the Defendant Moved Out of State

    My question involves court procedures for the state of: North Carolina


    I took someone to court and won a small claims case in North Carolina. The defendant then moved out of state to Nevada. It's been 10+ days and he has not appealed nor payed. I know I can enforce the execution of his property, but how can I do that if he's all the way across the country?

    Would greatly greatly appreciate any help! Thanks so much.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Won Small Claims Case but the Defendant Moved Out of State

    If he has nonexempt property still in NC you can attach that with your judgement. In order to attach assets in some other state, you must first domesticate your judgment in that other state and then use the remedies available in that other state to collect your judgment. That might end up costing you more than what you collect.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Won Small Claims Case but the Defendant Moved Out of State

    Quote Quoting CLizaG
    View Post
    My question involves court procedures for the state of: North Carolina


    I took someone to court and won a small claims case in North Carolina. The defendant then moved out of state to Nevada. It's been 10+ days and he has not appealed nor payed. I know I can enforce the execution of his property, but how can I do that if he's all the way across the country?
    Here's the instructions and forms from Clark County, NV. It'll give you an idea of the process and the cost and you can check the county court where your debtor is located and get their forms.

    http://www.educationcenter2000.com/l...ent-Packet.pdf

    Once you get that done you can determine where he works and file for wage garnishment and if you can determine where he banks you can levy his bank account. The court will have forms and instructions for all that.

    Sometimes it's a lot easier to get a judgment than collect on it.

    Good luck.

  4. #4
    Join Date
    Jul 2017
    Posts
    2

    Default Re: Won Small Claims Case but the Defendant Moved Out of State

    Thank you guys! I really appreciate the help.

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