Every dispute with a monetary value ultimately comes down to a question of collecting the money, whether following a settlement or a judgment. North Carolina law does not permit wage garnishment for collection of monies other than child support payments, taxes, student loans, ambulance services, and public hospital medical debt. However, there are other enforcement tools available, applying not only to North Carolina judgments, but to those entered in other states or in the federal courts.
A significant number of matters in civil court involve business-related transactions, whether or not they are related to the sale of goods or services. A small corporation that orders raw materials and defaults on payment is an example of a sale-of-goods transaction. Conversely, a subrogated claim by an insurance company seeking reimbursement of monies it has already paid to its insured client, against an at-fault driver in a motor vehicle accident, is an example of a matter for collection not related to the sale of goods or services. Browner Law has experience in moving both types of matters through the courts, and in collecting monies owed through settlement or judgment.
Domestication of Foreign Judgments
If a judgment is entered in Atlanta, Georgia, against someone who lives in Mebane, North Carolina, the Georgia courts have no effective means of collecting from the judgment debtor…unless the judgment is then domesticated into North Carolina. This is done by filing the foreign judgment — “foreign” here meaning from any court other than a North Carolina state court — with the appropriate court in North Carolina. This is commonly the district court in the county where the judgment debtor (as determined by the court of original jurisdiction) resides. The same basic process can be followed with a judgment entered in one of the federal courts. While the federal system offers enforcement tools, working through the state courts at the county level often provides a more time- and cost-effective means of collection.