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Tag Archives: Judgments

Civil Practice – Judgments – Corporate – Merger Doctrine — Guaranty – Consideration – Personal Jurisdiction (access required)

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.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

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.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

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.

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Civil Practice – Subject Matter Jurisdiction – First Impression — Judgments – Execution – Supplemental Proceedings – Corporate – Piercing the Veil (access required)

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.

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Criminal Practice – Judgment – Clerical Error – Appeals – Unpreserved Issue – Cocaine Trafficking – Chemist’s Test (access required)

  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 ...

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Civil Practice – Judgment – Execution – Exemptions – IRA – Early Withdrawals – Future Withdrawals (access required)

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.

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