§ 1B-7. Payment of judgment by one of several. - North Carolina Statutes

Article2.

Judgment against JointObligors or Joint Tort‑Feasors.

§ 1B‑7.  Payment ofjudgment by one of several.

(a)        In all cases in thecourts of this State wherein judgment has been, or may hereafter be, renderedagainst two or more persons or corporations, who are jointly and severallyliable for its payment either as joint obligors or joint tort‑feasors,and the same has not been paid by all the judgment debtors by each paying hispro rata share thereof, if one or more of the judgment debtors shall pay thejudgment creditor, either before or after execution has been issued, the fullamount due on said judgment, and shall have entered on the judgment docket inthe manner hereinafter set out a notation of the preservation of the right ofcontribution, such notation shall have the effect of preserving the lien of thejudgment and of keeping the same in full force as against any judgment debtorwho does not pay his pro rata share thereof to the extent of his liabilitythereunder in law and equity. Such judgment may be enforced by execution orotherwise in behalf of the judgment debtor or debtors who have so preserved thejudgment.

(b)        The entry on thejudgment docket shall be made in the same manner as other cancellations ofjudgment, and shall recite that the same has been satisfied, released anddischarged, together with all costs and interest, as to the paying judgmentdebtor, naming him, but that the lien of the judgment is preserved as to theother judgment debtors for the purpose of contribution. No entry ofcancellation as to such other judgment debtors shall be made upon the judgmentdocket or judgment index by virtue of such payment.

(c)        If the judgmentdebtors disagree as to their pro rata shares of the liability, on the groundsthat any judgment debtor is insolvent or is a nonresident of the State andcannot be forced under the execution of the court to contribute to the paymentof the judgment, or upon other grounds in law and equity, their shares may bedetermined upon motion in the cause and notice to all parties to the action.Issues of fact arising therein shall be tried by jury as in other civilactions. (1967, c. 847, s. 1.)