Execution Form

Execution Form. These forms relate to the process of enforcing a civil judgment under Rule 69 of the Federal Rules of Civil Procedure, which governs how judgments are executed. Here’s a breakdown of each form and its purpose: Motion for Notice of Debtor Rights: This motion is filed by the plaintiff (the judgment creditor) requesting the court to notify the defendant (the judgment debtor) of their rights. These rights may include exemptions allowed under North Carolina law, which allow the debtor to protect certain assets from being seized to satisfy the judgment. Order Granting Notice: Upon granting the plaintiff’s motion, the court issues this order directing the clerk to serve a "Notice of Right to Have Exemptions Designated" on the judgment debtor. This notice informs the debtor of their right to claim exempt property. Execution of Judgment: This document authorizes the U.S. Marshal to collect on the judgment. The marshal may demand payment directly or, if necessary, seize the debtor's property, adhering to any exemptions claimed by the debtor. Notice of Right to Have Exemptions Designated: This notice informs the judgment debtor of their right under North Carolina law to claim certain property as exempt. This may include essential household items, a vehicle, certain personal property, and retirement funds. The notice also instructs the debtor on how to file a "Motion to Claim Exempt Property." Return of Service: This form documents that the Notice and Motion to Claim Exempt Property have been properly served on the judgment debtor, either personally or by certified mail. Motion to Claim Exempt Property: The judgment debtor can use this form to designate specific property they wish to exempt under state law. Exemptions might include personal property, household items, tools of the trade, retirement accounts, alimony, and specific insurance benefits. Notice to Claim Exempt Property (Statutory Exemptions): This document reiterates the debtor's right to statutory exemptions and outlines the property categories eligible for exemption, including essential assets for personal use and support. www.FormsWorkflow.com