United Community Bank v. Campbell et al

Filing 20

ORDER Granting 19 MOTION Pursuant to N.C. Gen. Stat. § 1-360 as to Judgment Debtor Olanrewaje Wusu. Receiver Joseph W. Grier shall appear before the Court and testify concerning any funds in his possessio n belonging to Judgment Debtor Olanrewaje Wusu. Hearing set for 5/5/2015 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. In lieu of appearing at the hearing, the Receiver may file a verified statemen t setting forth the specific amount of funds in his possession that are owed or belong to the Judgment Debtor Olanrewaje Wusu. FURTHER ORDERED that the Receiver shall freeze the funds in his possession that belong to the Judgment Debtor Olanrewaje Wusu andnot otherwise distribute them. Signed by District Judge Martin Reidinger on 4/17/2015. (nv)

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

UNITED COMMUNITY BANK,

)
)
Petitioner,
)
)
vs.
)
)
LILLIE CAMPBELL, ROBERT A.
)
WEISER JR., SILVIA M. WEISER,
)
and OLANREWAJE WUSU,
)
)
Respondents. )
_______________________________ )
ORDER FOR APPEARANCE OF THIRD PARTY PURSUANT TO
N.C. Gen. Stat. § 1-360
THIS MATTER is before the Court on the on the verified motion (the
“Motion”) of United Community Bank (“UCB”) for an order pursuant to N.C.
Gen. Stat. §1-360 compelling Joseph W. Grier, in his capacity as receiver
(the “Receiver”), to appear and give testimony concerning the funds he has
in his possession that may belong to judgment debtor Olanrewaje Wusu
(“Judgment Debtor”) [Doc. 19].
On March 1, 2011, the Court entered a Default Judgment against the
Judgment Debtor and in favor of UCB in the amount of $314,261.08 (the
“Judgment”). On February 13, 2015, the Court issued a writ of execution.

On June 6, 2007, the Receiver was appointed as receiver for various entities
on motion of the State of North Carolina in a case in Wake County Superior
Court, captioned State of North Carolina ex rel. Roy Cooper v. Peerless Real
Estate Services, Inc. et al.; Wake County (07-CVS-9006) (the “Peerless
Lawsuit”). UCB has information that the Receiver is in possession of funds
that may belong to the Judgment Debtor.
For the reasons stated in UCB’s Motion, and for good cause shown,
IT IS, THEREFORE, ORDERED that the Petitioner’s Verified Motion
Pursuant to N.C. Gen. Stat. § 1-360 et seq. [Doc. 19] is GRANTED, and the
Receiver Joseph W. Grier shall appear before the Court at 9:00 a.m. on May
5, 2015, and testify concerning any funds he may have in his possession that
belong to the Judgment Debtor Olanrewaje Wusu. In lieu of appearing at
the hearing, the Receiver may file a verified statement setting forth the
specific amount of funds in his possession that are owed or belong to the
Judgment Debtor Olanrewaje Wusu. The verified statement must be filed
with the Court and served upon counsel for UCB before the hearing date.
IT IS FURTHER ORDERED that the Receiver shall freeze the funds in
his possession that belong to the Judgment Debtor Olanrewaje Wusu and
not otherwise distribute them.

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IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy
of this Order to the Receiver Joseph W. Grier at the following address: 101
North Tryon Street, Suite 1240, Charlotte, North Carolina 28246.
IT IS SO ORDERED.

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