North Carolina Judgment: Types, Records, Duration, and What to Expect

In legal terms, a judgment is a court’s formal conclusion that brings a lawsuit to a close. North Carolina judgments can be issued in various contexts, including civil litigation, family law matters, and cases involving criminal restitution. Once they are recorded, judgments become a legal force that can be collected through liens or wage garnishment.

What Is a Judgment in North Carolina?

Under North Carolina General Statutes § 1A-1, Rule 54(a), a judgment is defined as the court’s official resolution of a case, which can be either a temporary or a final ruling. Once it is entered and filed with the Clerk of Court, a judgment holds significant legal weight and can require an individual to pay or transfer a certain amount of money.

For a creditor, obtaining a judgment can be necessary to enforce the repayment of an overdue loan. In a civil lawsuit, it can require one party to pay another for damages. Regardless of their type, judgments in North Carolina have financial and legal implications until they are satisfied or have expired.

Types of Judgments in North Carolina

The types of judgments provided in the North Carolina General Statutes include:

1. Summary Judgment (N.C. Gen. Stat. § 1A-1, Rule 56)

In North Carolina, a summary judgment is a court order entered without a full trial when there is no issue of material fact.

2. Default Judgment (N.C. Gen. Stat. § 1A-1, Rule 55)

This is a court decision in a civil case entered when a defendant, after being properly served with notice of the lawsuit, fails to file a response or appear in court.

3. Declaratory Judgment (N.C. Gen. Stat. § 1A-1, Rule 57)

This is a court decision that defines the duties of the parties without ordering anyone to take action.

4. Criminal Restitution Judgment (N.C. Gen. Stat. § 15A-1340.34)

North Carolina courts may issue restitution judgments that require the offenders to compensate victims for losses in criminal cases. Like civil money judgments, criminal judgments are enforceable until fully satisfied.

How to Search for Judgments in North Carolina

In North Carolina, judgment records are available online, at government offices, and through private record websites:

1. Clerk of Superior Court Offices –Individuals seeking judgment records in the Superior Court may visit the Clerk’s Office to search in person or request certified copies for a nominal fee.
2. North Carolina Judicial Branch eCourts portal: To find judgment records for civil, criminal, or family law cases, record seekers may use the eCourts portal.
3. County Register of Deeds: Judgment liens are recorded locally and may be searched through county register databases.
4. Third-Party Services – These private websites allow users to find judgment records from various courts in North Carolina. Although these sites save time, they may require a fee to access records.

In North Carolina, a typical judgment record contains the following information:

• Type of relief granted
• Court location
• Case number
• Judgment date
• Names of parties

Judgment Records in Major North Carolina Counties

Although North Carolina has a centralized judiciary system, judgment records can also be accessed at the county level:

• Charlotte (Mecklenburg County): The official judgment records in cases heard in Mecklenburg County can be searched through the eCourts portalor in person at the Clerk of Superior Court’s Office.
• Raleigh (Wake County): Wake County maintains judgment records accessible through the statewide system and locally at the courthouse clerk’s office.
• Greensboro (Guilford County): Guilford County provides access to judgments concerning liens both online and at the Register of Deeds.

How Long Does a Judgment Last in North Carolina?

From the date of entry, a civil judgment is valid and enforceable for 10 years according to the North Carolina General Statutes § 1-234. To keep it active beyond that period, the creditor must file a new and independent lawsuit within the original 10-year window. While the judgment is still valid, a creditor may use collection methods such as bank levies, wage garnishment, or liens. These actions may create significant financial hardship for the debtor.

What Happens After a Judgment Is Entered in North Carolina?

Once a judgment is entered, creditors may pursue unpaid debts by using legal remedies. During this period, debtors can face both legal and financial consequences.

For Creditors:

• Wage Garnishment: Under North Carolina law, wage garnishment is limited to family obligations such as child support, while other debts are collected through different legal actions.
• Judgment Liens: Until a debt is paid, a debtor may not be able to refinance their estate if a creditor records a legal claim on it.
• Bank Levies: By using a court approval, creditors may collect an unpaid debt directly from the debtor’s bank account.

For Debtors:

• Credit Reporting: One disadvantage of having a judgment on a credit report is that it may reduce an individual’s credit score and make it harder to obtain loans.
• Satisfaction of Judgment: This is a legal document that confirms that a debt is paid in full. The creditor must file this document with the court to release the debtor from obligation.
• Appeals or Motions to Vacate: A debtor can appeal a judgment if they believe that it was entered unfairly.