Neal et al v. Janssen

Filing 3

ORDER granting 2 Plaintiff's Motion for Expedited Issuance of Writ of Execution Without Notice of Exemptions. Signed by Magistrate Judge Dennis Howell on 09/05/18. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:18MC30
JOHN R. NEAL and LEA ANNE NEAL,

)
)
Plaintiffs,
)
)
v.
)
)
SJEF JANSSEN,
)
)
Defendant.
)
______________________________________ )

ORDER

This matter is before the Court on Plaintiffs’ Motion for Expedited Issuance of Writ
of Execution Without Notice of Exemptions (# 2). Plaintiffs seek the expedited issuance
of a Writ of Execution to enforce a money judgment. Id. The Court concludes that Defendant
is not a resident of North Carolina, and a hearing to determine Defendant’s residency is not
necessary. See id. Ex. A ¶¶ 15-16. The Court further concludes that Defendant is not entitled to
an opportunity to claim exemptions under North Carolina law before a Writ of Execution may be
issued.

Considering the foregoing, the Court ORDERS the following:
(1) Plaintiffs’ Motion for Expedited Issuance of Writ of Execution Without Notice
of Exemptions (# 2) is GRANTED; and
(2) The Clerk is respectfully DIRECTED to issue a Writ of Execution for the
enforcement of Plaintiffs’ Judgment.

Signed: September 5, 2018