United Community Bank v. Campbell et al

Filing 17

ORDER granting 16 Motion for Final Execution and Issuance of Writ of Execution, and the Judgment Debtor is precluded from having any of his property set aside as exempt from Judgment in this case. IT IS FURTHER ORDERED that a final execution be issued by the Clerk of this Court for the Collection of the Judgment in this case. Signed by District Judge Martin Reidinger on 02/11/2015. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
No. 1:10-cv-00079-MR-DLH

UNITED COMMUNITY BANK,
Plaintiff,
vs.
LILLIE CAMPBELL, et al.,
Defendants.
___________________________

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ORDER FOR FINAL
EXECUTION
AND PRECLUSION OF
EXEMPT PROPERTY

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THIS MATTER is before the Court on the Plaintiff’s Motion for Final
Execution and Order to Preclude Exempt Property Rights [Doc. 16].
It appears to the Court that Judgment Debtor Olanrewaje Wusu
(“Judgment Debtor”) has been served with copy of the Judgment together
with a copy of the Notice of Right to Have Exemptions Designated and
Schedule of Debtors Property and Request to Set Aside Exempt Property;
that the Judgment Debtor has failed to file a Schedule of Debtors Property
and Request to Set Aside Exempt Property; and that the Judgment Debtor
has failed to request a hearing to set aside exempt property or otherwise
respond within the time allowed.

The Court, therefore, finds that the

Judgment Debtor has had a reasonable opportunity to assert the

exemptions provided by law and that the Judgment Debtor’s failure to
respond should be considered a waiver of his right to have property set
aside as exempt from the execution of the Judgment in this case.
Accordingly, IT IS, THEREFORE, ORDERED that the Plaintiff’s
Motion [Doc. 16] is GRANTED, and the Judgment Debtor is precluded from
having any of his property set aside as exempt from Judgment in this case.
IT IS FURTHER ORDERED that a final execution be issued by the
Clerk of this Court for the Collection of the Judgment in this case.
IT IS SO ORDERED.
Signed: February 11, 2015

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