I'm in NC, and I have a court judgement against someone. I've been unable to collect on the judgement because the debtor has had no assets that I could go after. However, the debtor's father passed away a few weeks ago and his estate was filed yesterday. The debtor on my judgement is an heir to the estate. Can I file a writ of execution against the debtor's inheritance now, or do I have to wait until the estate is settled and they actually take possession of the inheritance?
1 Answer from Attorneys
See a collection attorney. You would have to get a charging order that would have to be served on the executor of the estate.
Have you served the debtor with a notice of rights and motion to claim exempt property? If so, how long has it been? Would the inheritance exceed allowable exemptions? These are all questions to ask the collection attorney.