§ 1C-1705. Defenses; procedure; stay. - North Carolina Statutes

§ 1C‑1705.  Defenses;procedure; stay.

(a)        The judgment debtormay file a motion for relief from, or notice of defense to, the foreignjudgment on the grounds that the foreign judgment has been appealed from, orenforcement has been stayed by, the court which rendered it, or on any otherground for which relief from a judgment of this State would be allowed.Notwithstanding subsection (b) of this section, the court shall stayenforcement of the foreign judgment for an appropriate period if the judgmentdebtor shows that:

(1)        The foreign judgmenthas been stayed by the court that rendered it; or

(2)        An appeal from theforeign judgment is pending or the time for taking an appeal has not expiredand the judgment debtor executes a written undertaking in the same manner andamount as would be required in the case of a judgment entered by a court ofthis State under G.S. 1‑289.

(b)        If the judgmentdebtor has filed a motion for relief or notice of defenses then the judgmentcreditor may move for enforcement of the foreign judgment as a judgment of thisState, unless the court stays enforcement of the judgment under subsection (a)of this section. The judgment creditor's motion shall be heard before a judgeof the trial division which would be the proper division for the trial of anaction in which the amount in controversy is the same as the amount remainingunpaid on the foreign judgment. The Rules of Civil Procedure (G.S. 1A‑1)shall apply. The judgment creditor shall have the burden of proving that theforeign judgment is entitled to full faith and credit. (1989, c. 747, s. 1; 2003‑19,s. 2.)