Summary:
Ms. Hinyub obtained a default judgment against AA Recovery for $5,000 in damages and $4,100 in attorney's fees and cost. When AA Recovery failed to pay, Ms. Hinyub requested to conduct an examination of the primary officer of AA Recovery. The court, however, held that as Ms. Hinyub had not had a writ of execution issued and N.C.G.S. § 1-352 only allows an examination when such writ "is returned wholly or partially unsatisfied."
Comment:
As the underlying lawsuit against AA Recovery being based on collection improprieties, it is somewhat ironic that Ms. Hinyub also failed to comply with the rules and procedures for collecting on her judgment. Fortunately for her, such mistake is not subject to the FDCPA.
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