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Neal v. Janssen, 1:18MC30. (2018)

Court: District Court, W.D. North Carolina Number: infdco20180906c37 Visitors: 11
Filed: Sep. 05, 2018
Latest Update: Sep. 05, 2018
Summary: ORDER DENNIS L. HOWELL , Magistrate Judge . This matter is before the Court on Plaintiffs' Motion for Expedited Issuance of Writ of Execution Without Notice of Exemptions (# 2). Plaintiffs seek the expedited issuance of a Writ of Execution to enforce a money judgment. Id. The Court concludes that Defendant is not a resident of North Carolina, and a hearing to determine Defendant's residency is not necessary. See id. Ex. A 15-16. The Court further concludes that Defendant is not entit
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ORDER

This matter is before the Court on Plaintiffs' Motion for Expedited Issuance of Writ of Execution Without Notice of Exemptions (# 2). Plaintiffs seek the expedited issuance of a Writ of Execution to enforce a money judgment. Id. The Court concludes that Defendant is not a resident of North Carolina, and a hearing to determine Defendant's residency is not necessary. See id. Ex. A ¶¶ 15-16. The Court further concludes that Defendant is not entitled to an opportunity to claim exemptions under North Carolina law before a Writ of Execution may be issued.

Considering the foregoing, the Court ORDERS the following:

(1) Plaintiffs' Motion for Expedited Issuance of Writ of Execution Without Notice of Exemptions (# 2) is GRANTED; and

(2) The Clerk is respectfully DIRECTED to issue a Writ of Execution for the enforcement of Plaintiffs' Judgment.

Source:  Leagle

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