Nulla Bona in North Carolina: What to Do When Your Writ Comes Back Unsatisfied

What "Nulla Bona" Means

When the county sheriff returns your Writ of Execution (Form AOC-CV-400) marked "nulla bona," it means the sheriff found no non-exempt property belonging to the judgment debtor to seize. The Latin term translates to "no goods." It doesn't mean your judgment is dead — it means the first attempt at execution came up empty.

This happens more often than most creditors expect, especially when the debtor has no significant bank balance, drives a car with more owed on it than it's worth, or rents rather than owns their home. A nulla bona return is frustrating, but it's also a procedural stepping stone that unlocks your next set of enforcement tools.

Why a Nulla Bona Return Matters

The unsatisfied return isn't just paperwork — it's a legal prerequisite. Under G.S. 1-352, you cannot file for supplemental proceedings (a court-ordered debtor examination) until you have either:

• A writ of execution returned wholly or partially unsatisfied by the sheriff, or
• Sworn evidence that the debtor possesses non-exempt property they're refusing to apply toward the judgment

For most creditors, the nulla bona return is the easier path to unlock supplemental proceedings. Keep the sheriff's return document — you'll need to attach it to your motion.

Your Next Steps After a Nulla Bona Return

1. Request supplemental proceedings. File a motion with the Clerk of Superior Court or a District Court judge under G.S. 1-352, attaching the unsatisfied writ return. If granted, the court orders the debtor to appear and testify under oath about their income, bank accounts, property, and financial affairs. The debtor must answer truthfully — lying under oath is perjury, and failing to appear can result in civil contempt or an arrest order.

2. Conduct your own asset investigation. While you wait for a hearing date, search public records:

• Register of Deeds — real estate ownership, recorded deeds, mortgages
• County Tax Office — property tax listings for vehicles, boats, equipment
• NC Secretary of State — business entity ownership, registered agents
• NC Judicial Branch Portal (eCourts) — other pending cases, judgments, or liens

3. Issue an alias writ. Once you discover assets, request a new Writ of Execution targeting them. Each new writ has its own 90-day enforcement window and its own $25 clerk fee and $30 sheriff service fee.

4. Target third parties. Under G.S. 1-360, you can ask the court to order a bank, employer, customer, or business partner to disclose whether they hold property belonging to the debtor or owe the debtor money exceeding $10.

The Long-Term Play

A nulla bona return doesn't mean the debtor will always be uncollectable. Under G.S. 1-47(1), your judgment lien remains enforceable for 10 years, accruing 8% annual interest on unpaid principal. Debtors who are currently judgment-proof can change status — they start a new job, inherit property, open a business, or try to sell a house with your lien on it.

Many experienced creditors treat the nulla bona return as the beginning of the collection process, not the end. When new assets are discovered, an alias writ can target them; supplemental proceedings can help identify assets.

Get the Full Enforcement Sequence

Knowing what comes after a nulla bona return is critical to recovering what you're owed. Our North Carolina judgment collection guide walks through the entire post-execution process — supplemental proceedings motions, asset investigation strategies, and the forms you need for each step.

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