{"data":{"id":"us-nc/n.c.-gen.-stat.-1-305","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 1-305","heading":"Clerk to issue, in six weeks; limitations on issuance.","body":"(a)\tSubject to the provisions of G.S. 1A-1 (Rule 62) and subsection (b) below, the clerk of superior court shall issue executions on all unsatisfied judgments entered in the clerk's court, which are in full force and effect, upon the request of any party or person entitled thereto and upon payment of the necessary fees; provided, however, that the clerks of the superior court shall issue executions on all judgments entered in their respective courts on forfeiture of bonds in criminal cases within six weeks of the entry of the judgment, without any request or any advance payment of fees. Every clerk who fails to comply with the requirements of this section is liable to be amerced in the sum of one hundred dollars ($100.00) for the benefit of the party aggrieved, under the same rules that are provided by law for amercing sheriffs.\n(b)\tThe clerk may not issue an execution unless\n(1)\tThe judgment debtor's exemptions have been designated, or\n(2)\tThe judgment debtor has waived his exemptions as provided in G.S. 1C-1601(c), or\n(3)\tThe clerk determines that the exemptions are inapplicable to the particular claim as authorized by G.S. 1C-1603(a)(3). (1850, c. 17, ss. 1, 2, 3; R.C., c. 45, s. 29; Code, s. 470; Rev., s. 618; C.S., s. 666; 1953, c. 470; 1959, c. 1295; 1973, c. 1070, s. 1; 1981 (Reg. Sess., 1982), c. 1224, s. 15; 2010-96, s. 24(a); 2024-33, s. 20.)","path":["Chapter 1. Civil Procedure.","SUBCHAPTER X. EXECUTION.","Article 28. Execution."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-305.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:54:12Z","sha256":"470466f6299f6a86780dc5094212541bb48e588c5543f29ad81e9efe98832801","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-1-304","next":"us-nc/n.c.-gen.-stat.-1-306"},"notice":"GroundRules: Original legal text. Not legal advice."}