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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: Order Seizing Debtors Interest In Joint Account, CCF-77, 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.
ORDER
SEIZING DEBTOR’S INTEREST
IN JOINT ACCOUNT
as to
[ Judgment Debtor ]
[ ________________________ ],
Defendant(s).
THIS CAUSE came on for consideration before the undersigned Superior Court
Judge presiding in Mecklenburg County for an order to seize the Judgment Debtor’s
interest in a joint account held at [name of North Carolina bank or financial institution].
[Name of North Carolina bank or financial institution], in response to this Court’s prior
Order in Supplement to Writ of Execution, notified Plaintiff’s counsel of the existence of a
joint account. It appears that the [name of North Carolina bank or financial institution
account is the joint account of [name of one account holder] and [name of other account
holder], that the amount of their respective contributions to this account is not known,
and, pursuant to N.C.G.S. § 41.2(2), this account is deemed owned by the depositors
equally, but that the other joint owner, who is not a Judgment Debtor herein, should be
afforded a reasonable opportunity to trace funds in order to establish the respective
interests in such account.
IT IS, THEREFORE, ORDERED that [name of North Carolina bank or financial
institution] is forbidden to transfer or dispose of any such funds and/or property due to
[Defendant], the Judgment Debtor herein, such funds and/or property to be applied to the
execution issued in this case, the balance of the amount payable under the terms of the
existing contract between Plaintiff and said Defendant to the extend that this balance
CCF-77
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does not exceed the amount of the judgment herein nor exceed one-half of the available
funds in the account.
IT IS FURTHER ORDERED that [name of North Carolina bank or financial
institution] is directed to appear before this Court at [time of day] on the [date] day of
[month], 200[__], in Courtroom [_____], and testify concerning the funds in its possession
that belong to the Judgment Debtor, and that Plaintiff’s counsel provide notice to the nondebtor joint-account holder concerning the hearing, and that such person may appear
and present evidence to establish the respective ownership interests in this account.
IT IS FURTHER ORDERED that [name of North Carolina bank or financial
institution] is specifically directed to freeze the funds in its possession, up to onehalf of the account balance, until further Order of this Court or written notice from
Plaintiff’s counsel that funds should be released to the Judgment Debtor.
This the _____ day of ______________________, 200__.
________________________________
Superior Court Judge Presiding
Mecklenburg County, North Carolina
CCF-77
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