§ 28A-18-5. When creditors may sue on claim; execution in such action. - North Carolina Statutes

§28A‑18‑5.  When creditors may sue on claim; execution in suchaction.

An action may be brought by acreditor against the personal representative or collector on a demand at anytime after it is due, but no execution shall issue against the personal representativeor collector on a judgment therein against him without leave of the court, uponnotice of 20 days and upon proof that the defendant has refused to pay suchjudgment or its ratable part, and such judgment shall be a lien on the propertyof the estate of the decedent only from the time of such leave granted. (1868‑9,c. 113, s. 82; Code, s. 1509; Rev., s. 162; C.S., s. 166; 1973, c. 1329, s. 3.)