Where (1) defendant drove drunk and killed plaintiff’s decedent, (2) plaintiff obtained a judgment of $4,295,000 against defendant, (3) attempts to execute on the judgment were unsuccessful, and (4) defendant has not pursued potential claims against her insurance company and ...

Tagged with: Judgments

Wood v. Nunnery (Lawyers Weekly No. 15-06-0323, 2 pp.) (Per Curiam) Appealed from Forsyth County Superior Court (Edwin G. Wilson Jr., J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: We improvidently granted discretionary review of ...

Tagged with: Judgments

Sollis v. Holman After obtaining a Texas judgment against a no-asset Texas corporation, plaintiff cannot bring a North Carolina action to pierce the corporate veil in order to enforce the judgment against the Texas corporation’s owner, a Texas resident. We affirm summary judgment for defendant.

Tagged with: Civil Practice Consideration Corporate Guaranty Judgments personal jurisdiction

Wood v. Nunnery Defendant in a personal injury action was found liable in tort to plaintiff for $300,000. He is not entitled to credit for the $202,627.58 paid to plaintiff by an underinsured motorist carrier pursuant to a contract (i.e., the insurance policy).

Tagged with: Civil Practice Judgments Tort/Negligence UIM

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

Tagged with: Civil Practice Default Judgments negotiable instruments

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

Tagged with: Civil Practice Default Judgments negotiable instruments

Songwooyarn Trading Co. v. Sox Eleven, Inc. Even though defendant Ahn appealed the trial court’s judgment against him, he did not request a stay pending appeal. While Ahn’s appeal was pending, the trial court retained jurisdiction to enter orders to aid in the security of plaintiff’s rights.

Tagged with: appeals Civil Practice Judgments jurisdiction

Travelers Indemnity Co. of Connecticut v. Triple S Marketing Group North Carolina’s supplemental proceedings statutes do not afford a trial court jurisdiction over a motion to pierce the corporate veil of a judgment debtor. We reverse the trial court’s order allowing plaintiff to execute its judgment against individuals who were not party to the underlying lawsuit.

Tagged with: Civil Practice Corporate Execution first impression Judgments Piercing the Veil subject-matter jurisdiction

  State v. Dobbs. (Lawyers Weekly No. 10-07-1172, 7 pp.) (Sanford L. Steelman Jr., J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: Where defendant was ...

Tagged with: appeals Brunswick County Clerical Error Criminal Practice Judgments

Kinlaw v. Harris. Although IRAs are normally exempt from judgment execution, this is to protect a judgment debtor in retirement. A trial court may determine, on a withdrawal-by-withdrawal basis, whether early withdrawals from an IRA are exempt from execution. We affirm the Court of Appeals' holding that G.S. § 1C-1601(a)(9) exempts defendant's IRAs from plaintiff's judgment against defendant. However, we reverse the Court of Appeals' vacation of the trial court's order requiring defendant to place in escrow any funds he may withdraw from his IRAs.

Tagged with: Civil Practice Execution Exemptions Judgments Robeson County