§ 93A-18. Hearing; required showing.

284 words·~1 min read·/nc/chapter-93a/93a-18

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Upon application by an aggrieved person, the Commission shall conduct a hearing and the aggrieved person shall be required to show that the aggrieved person:

(1)Is not a spouse of the judgment debtor or a person representing the spouse;

(2)Is making application not more than one year after termination of all judicial proceedings, including appeals, in connection with the judgment;

(3)Has complied with all requirements of this Article;

(4)Has obtained a judgment as described in G.S. 93A-17, stating the amount owing thereon at the date of application;

(5)Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment;

(6)After searching as described in subdivision

(5)of this section, has discovered no real or personal property or other assets liable to be sold or applied, or has discovered certain of them, describing them, but the amount so realized was insufficient to satisfy the judgment, stating the amount realized and the balance remaining due on the judgment after application of the amount realized;

(7)Has diligently pursued the aggrieved person's remedies, which include attempting execution on the judgment against all the judgment debtors, which execution has been returned unsatisfied; and

(8)Knows of no assets of the judgment debtor and has attempted collection from all other persons who may be liable for the transaction for which the aggrieved person seeks payment from the Real Estate Education and Recovery Fund if there be any such other persons. (1979, c. 614, s. 1; 1987, c. 516, s. 7; 2001-487, s. 23(d); 2011-217, s. 12.)