Collections against an individual Debtor’s LLC interest in North Carolina includes getting a Charging Order. A charging order allows the creditor to make a motion for a charging order so that any funds being disbursed by the LLC to the debtor get directed to the Creditor.
Just one more way a creditor can collect an outstanding court judgment in North Carolina.
§ 59-58. Partner’s interest subject to charging order
(a) On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.
(b) The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution:
(1) With separate property, by any one or more of the partners, or
(2) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.
(c) Nothing in this Act shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.
Call Kirk Sanders & the NC Post Judgment Collection Attorneys at 336-723-7200
[tags: post judgment collections LLC, collection case charging order NC]
[category: post judgment collections nc]