§ 52C-6-607. Contest of registration or enforcement. - North Carolina Statutes

§52C‑6‑607.  Contest of registration or enforcement.

(a)        A party contestingthe validity or enforcement of a registered order or seeking to vacate theregistration has the burden of proving one or more of the following defenses:

(1)        The issuing tribunallacked personal jurisdiction over the contesting party;

(2)        The order wasobtained by fraud;

(3)        The order has beenvacated, suspended, or modified by a later order;

(4)        The issuing tribunalhas stayed the order pending appeal;

(5)        There is a defenseunder the law of this State to the remedy sought;

(6)        Full or partialpayment has been made; or

(7)        The statute oflimitations under G.S. 52C‑6‑604 precludes enforcement of some orall of the arrears.

(b)        If a party presentsevidence establishing a full or partial defense under subsection (a) of thissection, a tribunal may stay enforcement of the registered order, continue theproceeding to permit production of additional relevant evidence, and issueother appropriate orders. An uncontested portion of the registered order may beenforced by all remedies available under the law of this State.

(c)        If the contestingparty does not establish a defense under subsection (a) of this section to thevalidity or enforcement of the order, the registering tribunal shall issue anorder confirming the order. (1995, c. 538, s. 7(c).)