§ 93A-18. Hearing; required showing. - North Carolina Statutes

§ 93A‑18.  Hearing;required showing.

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

(1)        Is not a spouse ofthe judgment debtor or a person representing the spouse;

(2)        Is makingapplication not more than one year after termination of all judicialproceedings, including appeals, in connection with the judgment;

(3)        Has complied withall requirements of this Article;

(4)        Has obtained ajudgment as described in G.S. 93A‑17, stating the amount owing thereon atthe date of application;

(5)        Has made allreasonable searches and inquiries to ascertain whether the judgment debtor ispossessed of real or personal property or other assets liable to be sold orapplied in satisfaction of the judgment;

(6)        After searching asdescribed in subdivision (5) of this section, has discovered no real orpersonal property or other assets liable to be sold or applied, or hasdiscovered certain of them, describing them, but the amount so realized wasinsufficient to satisfy the judgment, stating the amount realized and thebalance remaining due on the judgment after application of the amount realized;

(7)        Has diligentlypursued the aggrieved person's remedies, which include attempting execution onthe judgment against all the judgment debtors, which execution has beenreturned unsatisfied; and

(8)        Knows of no assetsof the judgment debtor and has attempted collection from all other persons whomay be liable for the transaction for which the aggrieved person seeks paymentfrom the Real Estate Recovery Fund if there be any such other persons. (1979, c. 614, s. 1; 1987, c.516, s. 7; 2001‑487, s. 23(d).)