§ 85B-4.3. Hearing; required showing. - North Carolina Statutes

§85B‑4.3.  Hearing; required showing.

Upon application by anaggrieved person, the Commission shall conduct a hearing and the aggrievedperson shall be required to show that:

(1)        The person is not aspouse of the judgment debtor or a person representing such spouse;

(2)        The person gavenotice of the lawsuit as required by G.S. 85B‑4.2;

(3)        The person is makingapplication not more than one year after termination of all judicialproceedings, including appeals, in connection with the judgment;

(4)        The person hascomplied with all requirements of this Article;

(5)        The person hasobtained a judgment as described in G.S. 85B‑4.2;

(6)        The person has madeall reasonable searches and inquiries to ascertain whether the judgment debtoris possessed of real or personal property or other assets subject to be sold orapplied in satisfaction of the judgment;

(7)        That by a search theperson has discovered no real or personal property or other assets subject tobe sold or applied, or has discovered certain of them, describing them, butthat the amount realized was insufficient to satisfy the judgment, stating theamount realized and the balance remaining due on the judgment after applicationof the amount realized; and

(8)        The person hasdiligently pursued available remedies including attempted execution on thejudgment against all the judgment debtors and the execution has been returnedunsatisfied. In addition to that, the person knows of no assets of the judgmentdebtor and has attempted collection from all other persons who may be liable inthe transaction for which payment is sought from the Fund if there are anyother persons. (1991 (Reg. Sess., 1992), c. 819, s. 7.)