§ 39-23.7 — Remedies of creditor

North Carolina § 39-23.7

• Jurisdiction: North Carolina
• Ch. 39: Conveyances
• Art. 3A: Uniform Voidable Transactions Act

Text

(a) In an action for relief against a transfer or obligation under this Article, a creditor, subject to the limitations in G.S. 39-23.8, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
a. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
b. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
c. Any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds. (1997-291, s. 2; 2015-23, s. 1.)