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."
The parties involved in the transaction at issue ha previously agreed to a settlement with a judgment for $200,000 and also a confession of judgment for $446,000. Mr. Pfeifer satisfied the terms of the $200,000 judgement, through proceeds from the sale of property, the but after paying slightly more than $10,000 further, cease payments and filed bankruptcy.
While several North Carolina bankruptcy courts have asserted that "[n]ot only is there no legislative history for § 1C-1601, In re Ragan, 64 B.R. 384, 387 (Bankr. E.D.N.C. 1986), this may be merely received wisdom that was not actually researched.
