Rescue & Trace (North Carolina)
Two ends of the case. RESCUE: a premature summary-judgment motion is met with Rule 56(f) — the affidavit that says why facts essential to your opposition cannot yet be presented, and asks for the discovery time to get them. TRACE: once you have a judgment, the enforcement lane turns it into money — every rung cited, in order, with the debtor's exemption rights shown first.
The enforcement lane
Money judgment enforcement through Chapter 1's execution machinery, with the debtor's Chapter 1C exemptions and the § 1-289 stay.
- 1
Execution on the judgment
The Chapter 1 execution articles run the collection machine through the clerk and sheriff.
ch. 1, arts. 28–29B
- 2
Staying execution on appeal
An appeal alone does NOT stay a money judgment — the undertaking (bond) does.
G.S. 1-289
- 3
The debtor's exemptions
Chapter 1C, Article 16 — what property is exempt, the designation procedure, and the waiver rules.
G.S. 1C-1601 et seq.
Exemption-designation rights are SHOWN to any debtor-side user before any collection surface renders — the statute's own list, then routing.
The 56(f) rescue
G.S. 1A-1, Rule 56(f)
When the motion lands before the discovery you need, the rule's own device is the affidavit stating the reasons facts essential to the opposition cannot be presented — the court may refuse the motion or order a continuance for discovery. What goes in that affidavit is legal judgment; the deadline math around it is in the registry.