What is an injunction?
An injunction is a court order that requires someone to either do something (a “mandatory” injunction) or to stop doing something (a “prohibitory” injunction). In North Carolina debtor and creditor law, an injunction is often used to protect a party from the other side’s actions. For example, a creditor might seek an injunction against a debtor to prevent them from transferring or selling assets to prevent the debtor from trying to avoid having to pay their debts. Injunctions can be used in many other circumstances. For example, a court might order an injunction if a party reasonably believes that the other side might take some action that would cause irreparable harm, such as trying to defame the other side or using something that belongs to the other side without their consent. An injunction can even be used to prevent someone from doing something that would violate a law or regulation. In North Carolina, injunctions are typically granted when the court believes that the party asking for the injunction is likely to succeed on the merits of their case, and when they can show that they would suffer irreparable harm if the injunction were not granted. Once an injunction is granted, it will remain in effect until either it is vacated by the court, or until the case is resolved in a different way.
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