Exam (elaborations)
NC BLET CIVIL PROCESS QUESTIONS AND ANSWERS 2024
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NC BLET CIVIL PROCESS QUESTIONS AND ANSWERS 2024
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NC BLET CIVIL PROCESSThe________________________________must issue executions on all
unsatisfied judgments rendered in his court when requested by the person
entitled to recovery and upon payment of the necessary fees. - ANSWERS-Clerk of
Superior Court
Civil Process-Executions cannot be entered until at least_____days after the
judgement is entered. However G.S. 1A-1 Rule 62 requires that no execution may
be issued until the time for filing a notice of appeal has expired which is 30 days
after the entry of judgement. - ANSWERS-10
When a Civil Summons is served the defendants written response or response is
required within_____days. - ANSWERS-30
Civil Process-An execution must be returned to the issuing court within_____days
of the date of issuance. - ANSWERS-90
Civil Process-No execution may be issued more than ____years after the date of
the rendition of the judgement. - ANSWERS-10
Civil Process-Executions-Wages or salaries are_____subject to seizure. -
ANSWERS-NOT
,Two kinds of exemptions- - ANSWERS-Constitutional
Statutory
Executions-Only property owned by the_____________________________may
be levied on and sold under the execution. - ANSWERS-judgement debtor
Executions-__________________________property must be levied on before the
sheriff attempts to levy real property. - ANSWERS-Personal
When preparing to hold an execution sale a notice must be posted on
the________________________________ and in a newspaper for two
consecutive weeks. - ANSWERS-courthouse door
Execution sales may not be held on_____________________. - ANSWERS-Sunday
Real Property sales must remain open for____days to allow for the filing of an
upset bid. - ANSWERS-10
Execution Sale-After the sale the deputy must file a written record of the sale with
the clerk within ________working days after the date of sale. - ANSWERS-5
Writ of Possession for Real or Personal Property- - ANSWERS-The obtaining of
possession of specifically described property by a named individual. If the
property taken is real property the Sheriff must remove the person named in
order to deliver possession to the person entitled. If necessary the Sheriff has the
, power to break and enter the premises to remove the tenant forcefully. Only
Post-Judgement remedy allowing for use of force.
______days to carry out a Writ of Possession, even though the writ itslef is valid
for 90 days. - ANSWERS-5
When serving a Writ of Possession notification should be made- - ANSWERS-5
days if made by personal service or leaving copies at the residence and 5 days if
by mail.
Writ of Possession-A landlord must allow a tenant to retrieve his belongings
within ___days of the execution of the writ.( 21 days for manufactured homes) -
ANSWERS-7
Execution Returns-Must be returned to the issuing court within______days of the
issuance date. - ANSWERS-90
Repossessions which do not go through the court system are only legal if- -
ANSWERS-They can be completed without a breach of the peace.
A ________________________has a right to keep a vehicle until he receives
payment for services rendered, he may also acquire a ___________________'s
Lien and get title to the vehicle to sell it to satisfy the lien. - ANSWERS-mechanic
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