Motion For Order In Aid Of Execution Form. This is a North Carolina form and can be use in Mecklenburg (District 26) Local County.
Tags: Motion For Order In Aid Of Execution, CCF-74, North Carolina Local County, Mecklenburg (District 26)
STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION ____ CVS _____________ ________________________, Plaintiff, MOTION FOR ORDER IN AID OF EXECUTION vs. as to _____________________________ ________________________, Defendant(s). NOW COMES Plaintiff, by and through counsel, pursuant to N.C.G.S. § 1-359, and prays the Court for an Order forbidding any North Carolina bank or financial institution, as a debtor of Defendant(s) ___________________________ [“Judgment Debtor(s)”], from transferring or otherwise disposing of property and/or funds due and/or belonging to the Judgment Debtor(s). AND IN SUPPORT OF THIS MOTION AND AFFIDAVIT, Plaintiff shows unto the Court that Plaintiff obtained a Judgment in this matter against the Judgment Debtor(s) on ______________, in the principal amount of $___________ , plus total interest in the amount of $___________ as of _____________ , accruing thereafter at the per diem rate of $____________ until paid in full, reasonable attorneys’ fees in the amount of $___________ , and the costs of this action in the amount of $_________ ; that the Judgment balance remains unpaid; and that Plaintiff has issued execution on its Judgment to the _________________ County Sheriff and said execution is currently outstanding and remains unsatisfied. WHEREFORE, Plaintiff prays that the Court may enter an Order as follows: 1. that any North Carolina bank and/or financial institution, as a debtor of the Judgment Debtor(s), be forbidden from transferring or disposing of the property and/or funds in its possession that belong to or are owed to or which shall become due and owing to said Defendant(s), in an amount not to exceed CCF-74 American LegalNet, Inc. www.FormsWorkflow.com the balance due on the Judgment, so that said funds may be applied to the Judgment of the Plaintiff and 2. that such banks and/or financial institutions be directed to freeze immediately any and all accounts owned by the Judgment Debtor(s) at such institutions, including any subsequent deposits into any said account(s) after receipt of this Order until time of disbursement; to notify Plaintiff’s attorney of any such accounts and the amount(s) therein; and to deliver immediately to the ______________________ County Sheriff any and all monies on hand therein, including certificates of deposit or other negotiable instruments, up to the amount of the indebtedness of said Judgment Debtor(s), as indicated by the Writ of Execution; and 3. that Plaintiff’s Motion is to be considered as an affidavit in form and in content. This the _____ day of ______________________, 20___. ________________________________ Attorney’s Name, NC Bar #________ Attorney for Plaintiff Firm Name Address Telephone: ____________________ Fax: _____________________ Sworn to or affirmed and subscribed before me this the _____ day of _____________, 20____. __________________________________ ___________________________, Notary Public My commission expires: ______________ CCF-74 American LegalNet, Inc. www.FormsWorkflow.com