Motion For Order Seizing Debtors Interest In Joint Account Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Motion For Order Seizing Debtors Interest In Joint Account 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 Seizing Debtors Interest In Joint Account, CCF-76, North Carolina Local County, Mecklenburg (District 26)
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
[ ____ ] CVS [ ____ ]
Judgment Docket [ ________ ], Page [ ____ ]
[ ________________________ ],
Plaintiff,
vs.
MOTION FOR ORDER
SEIZING DEBTOR’S INTEREST
IN JOINT ACCOUNT
as to
[ Judgment Debtor(s) ]
[ ________________________ ],
Defendant(s).
NOW COMES Plaintiff, by and through counsel, pursuant to N.C.G.S. § 1-359,
1-360 and 1-362, and prays the Court for an Order forbidding [name of North Carolina
bank or financial institution], as a debtor of Defendant(s) [name] [“Judgment Debtor(s)”],
from transferring or otherwise disposing of property and/or funds due and/or belonging to
the Judgment Debtor(s).
PLAINTIFF FURHTER MOVES THIS COURT, pursuant to N.C.G.S. § 1-360, for
an Order requiring [name of North Carolina bank or financial institution] to appear and
answer concerning property said financial institution may hold for the benefit of the
Judgment Debtor(s).
AND IN SUPPORT OF THIS MOTION AND AFFIDAVIT, Plaintiff shows unto the
Court that Plaintiff obtained an Order in Supplement to Writ of Execution in this matter,
and that [name of North Carolina bank or financial institution], in response to same,
notified Plaintiff’s counsel that there was a joint account at such institution and that one of
the joint owners was not a Judgment Debtor.
WHEREFORE, Plaintiff prays that the Court may enter an Order forbidding [name
of North Carolina bank or financial institution], as a debtor of the Judgment Debtor, 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 the Judgment Debtor(s), in an
CCF-76
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amount not to exceed one-half of the available funds in such account balance due on
the Judgment, so that said funds may be applied to the Judgment of the Plaintiff and that
Plaintiff’s Motion is to be considered as an affidavit in form and in content.
This the _____ day of ______________________, 200__.
______________________________________
[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 _____________, 200___.
__________________________________
___________________________, Notary Public
My commission expires: ______________
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