Did you know that under North Carolina law, even if you have already served a Writ of Execution and successfully collected part of a judgment, you could still be liable for damages to the judgment debtor if they later file a successful Rule 60 motion to set aside the judgment? N.C.G.S. § 1-108 provides that if a judgment is set aside pursuant to Rule 60(b) or (c) of the Rules of Civil Procedure and the judgment or any part thereof has been collected or otherwise enforced, restitution to the judgment debtor may be compelled.
If property is sold following a writ of execution, title to the property is not affected, and the buyer of the property (as, for example, at an auction) cannot be liable to the judgment debtor. Instead, restitution may be ordered against the judgment creditor and/or the creditor's personal representatives. Something to keep in mind when setting out to collect on a judgment.
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