North Carolina Procedural Requirements for Wage Garnishment

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North Carolina Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the court or judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The court or judge may also, in its or his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.C. Gen. Statute. _ 1360.

The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not exempt from execution. N.C. Gen. Statute. _ 1358. After the issuing of an execution against property, all persons indebted to the judgment debtor may pay to the sheriff the amount of their debt, or as much thereof as is necessary to satisfy the execution; and the sheriff's receipt is a sufficient discharge for the amount paid. N.C. Gen. Statute. _ 1359.

Interest Rate at which Judgments Accrue

The legal rate of interest shall be eight percent per annum. N.C. Gen. Statute. _ 241. In an action for breach of contract, if the parties have agreed in the contract that the contract rate shall apply after judgment then interest on an award in a contract shall be at the contract rate after judgment, otherwise it shall be at the legal rate. Interest on an award in an action other than contract shall be at the legal rate. N.C. Gen. Statute. _ 245 (1986).