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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: Order In Aid Of Execution, CCF-75, 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,
vs.
ORDER IN AID
OF EXECUTION
as to
Judgment Debtor(s)
___________________________,
Defendant(s).
THIS CAUSE came on for consideration before the undersigned Judge presiding
in Mecklenburg County for an order in furtherance of the Writ of Execution issued in this
cause. Appearing upon the verified Motion of Plaintiff’s counsel that a Writ of Execution
was issued by the Mecklenburg County Clerk of Court to the county name County
Sheriff and that said Execution remains outstanding, the Court finds as follows:
Judgment was entered herein; said Judgment was properly docketed with the
Mecklenburg County Clerk of Court; the balance due on the Judgment is in the principal
amount of $, plus total interest in the amount of $ as of date, 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 $, and the Sheriff’s commission of 5% of the
first $500.00 and 2½% on all sums over $500.00;
Pursuant to the above paragraph and the Writ of Execution issued herein, the
payoff amount of this Judgment as of date, not including the Sheriff’s commission, is $,
with interest accruing at the per diem rate of $ from and after date, until paid in full.
Based upon the above findings of fact, the Court concludes as a matter of law
that the property of Defendant(s) name, the Judgment Debtor(s) herein, is subject to
levy upon execution pursuant, inter alia, to North Carolina General Statutes § 1-359, 1360 and 1-362, and the Court further concludes that the Plaintiff is entitled to an order
forbidding any financial institution to transfer or dispose of property and/or funds due
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and owing to the Judgment Debtor(s), up to the amount owing on the Judgment, on
the aforesaid execution.
IT IS, THEREFORE, ORDERED as follows:
1.
Any financial institution to which this Order is presented is directed to
cooperate with the levy under execution in this cause and is forbidden to
transfer or dispose of any such funds and/or property due to any or all of the
Judgment Debtors herein, except for application to the execution issued in
this case, to the extent that this balance does not exceed the balance due on
said execution including principal, interest, attorneys’ fees, court costs, and
the Sheriff’s commission of 5% of the first $500.00 and 2½% on all sums over
$500.00;
2.
Any financial institution to which this Order is presented is directed to
cooperate with the levy under execution in this cause and to provide
information to the county name County Sheriff and to the Plaintiff’s attorney of
record, name of firm or solo practitioner, concerning any or all assets held for
the benefit of the Judgment Debtor(s);
3.
In the event any account is co-owned by any person other than the
Judgment Debtor(s) herein, said financial institution shall immediately
notify Plaintiff’s attorney of this fact prior to freezing said account, and
Plaintiff shall obtain a separate order from this Court to freeze such
account and calendar this matter for a hearing; and
4.
With the exception of any account as described in Paragraph 3 herein, said
institutions are directed to freeze immediately any and all accounts owned by
the Judgment Debtor(s) at such institution, 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
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amount(s) therein; and to deliver immediately to the Sheriff of county name
County, to the attention of Deputy name, mailing address, telephone number
and fax number, 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.
This the _____ day of ______________________, 200__.
________________________________
Superior Court Judge Presiding
Mecklenburg County, North Carolina
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