ORDER

On March 6, 2013, this court granted summary judgment to Geoffrey H. Simmons, Jr. ("plaintiff') on his claim for breach of contract, dismissed his remaining claims, and ordered Geoffrey H. Simmons, Sr. and the Simmons Law Firm ("defendants") to pay restitutionary damages in the amount of $1,400.00 [D.E. 106]. Thereafter, the clerk entered judgment in favor of plaintiff [D.E. 107]. Defendants did not seek post-judgment relief or file an appeal.

On August 12, 2013, the clerk received a letter from plaintiff, indicating that defendants failed to respond to his demand for payment [D.E. 108]. Plaintiff also requested the court's assistance in collecting the restitutionary damages. Plaintiffs request is construed as a motion to enforce judgment. Defendants did not respond, and the matter is ripe for determination. At the direction of the court, plaintiffs motion to enforce judgment has been referred to the undersigned for disposition.

Plaintiff, who is self-represented, filed the motion to enforce judgment because defendants allegedly ignored his demand letter. However, the process to enforce a judgment to collect money damages is through a writ of execution. Under Rule 69(a)(1) of the Federal Rules of Civil Procedure, "[a] money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution- and in proceedings supplementary and in aid ofjudgment or execution-must accord with the procedure of the state where the court is located, but a federal statute governs to the extent that it applies." Fed. R. Civ. P. 69(a)(1). In the absence of an applicable federal statute, North Carolina law governs plaintiffs efforts to collect the judgment. The local civil rules of this court provide that "[a]ll acts and duties pertaining to the seizure of person or property as provided by the State ofNorth Carolina authorized to be done by a judge or clerk of the state may be done in like cases by a judge of this court or the clerk of this court, respectively." Local Civil Rule 64.1.

To proceed with his collection efforts, plaintiff may file with the clerk of this court an application for writ of execution. The writ of execution package is posted on the court's website at http://www.nced.uscourts.gov/forms. The package includes the proposed writ of execution, notice of right to have exemptions designated, and notice to claim exempt property (statutory exemptions). A copy of the writ of execution package is attached to this order. Plaintiff must complete and file the forms in this case and serve defendants pursuant to Rule 5 of the Federal Rules of Civil Procedure.

For the reasons stated, the motion to enforce judgment is denied without prejudice [D.E. 108]. Plaintiff may apply for a writ of execution to collect his restitutionary damages from defendants.

SO ORDERED.

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