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Motion For Order In Aid Of Execution Form. This is a North Carolina form and can be use in Mecklenburg (District 26) Local County.
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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
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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: ______________
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