Legal Question in Credit and Debt Law in North Carolina

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?

Asked on 3/20/13, 7:38 pm

1 Answer from Attorneys

0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 3/20/13, 9:09 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Credit, Debt and Collections Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now