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Complaint to Renew a Judgment in NC

6/11/2023

1 Comment

 
Judgment renewal in NC
​A judgment in North Carolina is good for ten (10) years and can be “renewed” one time for an additional 10-year period. The word “renew” is in quotes because it actually requires the filing a new lawsuit based on the debt owed from the original judgment. The new lawsuit must be filed before the original judgment expires or else the original judgment expires and there is no basis for the renewal. Although there are few defenses to a judgment renewal you can still ask for a 30-day extension of time to Answer, file a written Answer, and/or attempt settlement with the creditor.

Do judgments go away in NC?

​Civil judgments expire after ten years in North Carolina.

How long can a judgment last in NC?

​A judgment in North Carolina is good for maximum of 10 years, but can be “renewed” one time meaning it can last a maximum of 20 years.

Do judgments accrue interest in NC?

​Civil judgment in North Carolina typically accrue interest at 8% per year meaning they essentially double every 10 years.

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Motion for Appropriate Relief in NC

3/12/2023

4 Comments

 
Motion for Appropriate Relief in NC
​A Motion for Appropriate Relief or “MAR” is generally used to allow a defendant in a criminal matter a new trial or to vacate a guilty plea. The motion is generally filed by the defendant seeking relief after either a guilty plea or guilty verdict. Although the Motion is designed to correct an error in the legal proceeding and can be filed by either a defendant, prosecutor, or judge this article will focus on a MAR by consent between all the parties. A MAR by consent often arises from lower levels driving offenses such as speeding or driving while license revoked where the defendant pled guilty without understanding it would prevent them from obtaining a license in the future.

​Grounds to file a Motion for Appropriate Relief

  • Incorrect application of the law at trial
  • The verdict not supported by evidence
  • The defendant did not get a fair trial
  • Inappropriate sentence
  • The defendant did not understand the consequences of his guilty plea
  • New evidence of innocence
  • A new retroactively effective law
  • Defense counsel provided ineffective assistance

What charges qualify for a Motion for Appropriate Relief?

Although a Motion for Appropriate Relief can be filed after serious felony convictions this article will focus on MAR by consent which usually involves lower-level crimes such as infractions and misdemeanors. Examples of convictions where the prosecutor may consent to a MAR are:
  • Speeding
  • Various driving infractions
  • Driving while license revoked
  • Simple possession of marijuana
  • Possession of drug paraphernalia
  • Misdemeanor Larceny
  • Underage consumption of alcohol
  • Lower level misdemeanor crimes without a victim

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NC Certificate of Relief

3/19/2022

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Criminal Background Check
In 2011, North Carolina adopted the Certificate of Relief mainly to help relieve individuals from some of the collateral consequences of having a criminal record. Mainly this helps those seeking employment or housing with a criminal record who are otherwise not eligible for expunction. A Certificate of Relief does not remove a conviction from a record like an expunction, but does remove many of the collateral consequences of having a criminal record.
​This includes protecting a business from negligently hiring someone who has a criminal record. Shielding private companies from civil liability removes much of the stigma and risk they face by renting to or hiring someone with a record. Essentially you are more likely to get hired or more likely to obtain housing if you have a criminal record after obtaining a Certificate of Relief.

Requirements for Certificate of Relief 

  • No more than 3 Class H or I felony convictions (multiple convictions in the same session of court only count as 1 conviction)
  • Must wait at least 12 months from when sentence completed including probation
  • No pending charges

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Coronavirus and NC Courts

4/4/2020

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Updated 12/16/2020
Corona and NC Courts
The Chief Justice of the North Carolina Court system has essentially postponed most normal court activity until June 1, 2020. Although the courthouse is technically open and court documents can still be filed as normal most deadlines and court dates for most cases have been continued. The main exception to this rule is Domestic Violence cases and certain ex-parte emergency child custody actions. Nobody knows for certain when the Covid-19 crisis will subside in NC or the country, but with a current lock down order in place for NC there is a strong likelihood that normal court business may not resume for months as effective social distancing inside the courthouse would be difficult to impossible.

The main points of the order issued April 2, 2020 are as follows:
  • Postpones court proceedings for a second time to June 1, 2020
  • Continues to direct clerks of court to post notices, such as the attached poster, at court facilities discouraging entry by those infected with COVID-19
  • Authorizes court proceedings to be conducted by remote audio and video transmissions
  • Directs attorneys and others without business before the court to avoid court facilities
  • Allows use of a sworn statement under penalty of perjury rather than notarization for court filings and oaths
  • Allows service of court documents by email
  • Extends the deadline for payment of most fines and fees by 90 days and directs clerks not to report failures to pay court debt to the DMV.

December 14, 2020 update

Chief Justice Cheri Beasley issued an order extending Emergency Directives 2–5, 8–15, 18, and 20–22 in response to the public health threat posed by the COVID-19 outbreak. North Carolina Courts will postpone non-essential, in-person court proceedings for 30 days, beginning Monday, December 14.

May 21, 2020 update

Chief Beasley issued a new Order dated May 21, 2020. Some of the main points are as follows:
  • Filing deadlines for criminal matters are extended until July 31.
  • Filings due pursuant to statutes of limitation or repose are extended until July 31. 
  • Filings and actions due in civil matters that had been previously extended are due June 1. 
  • No session of court may be scheduled if it would result in the public being crowded into courtrooms or waiting in close proximity without social distancing. 
  • Senior Resident Superior Court Judges are directed to have courtroom seating and all areas where lines form marked with six-foot intervals.
  • They must also ensure that public areas of the courthouse are cleaned throughout the day and that hand sanitizer is provided at every entrance and exit. 
  • Jury trials are postponed through at least the end of July.
  • Senior Resident Superior Court Judges are also directed to assess local court facilities to determine whether juries can be convened with social distancing. If not, they must secure alternate facilities for jury trials. 

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Lawsuit Extension

1/20/2020

4 Comments

 
Lawsuit Extension of Time in NC
Have you just been served by the sheriff or certified mail with a lawsuit in North Carolina and are freaking out about only having 30 days to file a written answer at the courthouse? Keep calm and realize you have the right to request a 30 day extension allowing you up to 60 days to file a written Answer to the Complaint with the Court.​

The process is rather straightforward and no attorney in required to request an extension pro-se or without hiring an attorney. Many counties in NC have local forms, but a generic example in Microsoft Word format is provided below for your review that can be edited to match the caption and case number for your particular case along with a certificate of service.

​How much does it cost to file an extension of time?

​There is no filing fee to file a Motion and Order to extend time to Answer a lawsuit in North Carolina. This makes it a good practice to go ahead and file an extension of time in every lawsuit, but especially for credit card lawsuits as negotiating a settlement usually takes longer than 30 days and you certainly do not want to miss a deadline to file an Answer and lose by default!

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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
      • Bankruptcy Disclaimer
    • Debt Settlement
    • Foreclosure Defense
  • Blog