NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 648

HOUSE BILL 599

 

 

AN ACT TO PROVIDE THAT A JUDGMENT DEBTOR REQUEST SPECIFIC TIMED HEARING ON FAILURE TO ANSWER INTERROGATORIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The third paragraph of G.S. 1-352.1 is rewritten to read as follows:

"Upon failure of the judgment debtor to answer fully the written interrogatories, the judgment creditor may petition the court for an order requiring the judgment debtor to answer fully, which order shall be served upon the judgment debtor in the same manner as a summons is served pursuant to the Rules of Civil Procedure, fixing the time within which the judgment debtor can answer the interrogatives. In addition, the order shall provide, as an alternative, that the judgment debtor may mail the judgment creditor, by certified mail, within five days of the date of service of the order, a specific request for a hearing before a court or judge to answer oral questions concerning his property rather than answering the written interrogatories. Upon timely receipt of this request, the judgment creditor shall request the court to calendar the hearing."

Sec. 2.  This act is effective July 1,1979.

In the General Assembly read three times and ratified, this the 28th day of May, 1979.