North Carolina § 28A-18-5 - When creditors may sue on claim; execution in such action.
Full text of North Carolina North Carolina General Statutes § 28A-18-5 — When creditors may sue on claim; execution in such action., with citation guidance and answers to common questions.
§ 28A-18-5. When creditors may sue on claim; execution in such action.
An action may be brought by a creditor against the personal representative or collector on a demand at any time after it is due, but no execution shall issue against the personal representative or collector on a judgment therein against the personal representative or collector without leave of the court, upon notice of 20 days and upon proof that the defendant has refused to pay such judgment or its ratable part, and such judgment shall be a lien on the property of the estate of the decedent only from the time of such leave granted. History (1868-9, c. 113, s. 82; Code, s. 1509; Rev., s. 162; C.S., s. 166; 1973, c. 1329, s. 3; 2011-344, s. 4.) Cross References. - For provision that suit does not create lien against representative, see G.S. 28A-19-17 . Effect of Amendments. - Session Laws 2011-344, s. 4, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, substituted "against the personal representative or collector" for "against him" near the middle of the section.
Source: official North Carolina text · Last verified 2026-08-27
Frequently Asked Questions About North Carolina § 28A-18-5
What does North Carolina General Statutes § 28A-18-5 cover?
Section 28A-18-5 ("When creditors may sue on claim; execution in such action.") is part of the North Carolina General Statutes, the codified statutory law of North Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Carolina § 28A-18-5?
A common citation format is "North Carolina General Statutes § 28A-18-5" (North Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Carolina official source linked on this page or consult a licensed North Carolina attorney.
How does North Carolina § 28A-18-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Carolina.