§ 39-23.7. Remedies of creditor.

172 words·~1 min read·/nc/chapter-39/39-23-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.)