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Judgment Against Property With Notice To Garnishee In North Carolina
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Multi-State
Control #:
US-0025LTR
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Word;
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FAQ
Generally, the party seeking to sell or transfer the property will need to satisfy the judgment by paying the amount owed to the judgment creditor, or negotiate a settlement or release with the creditor.
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
If you do not timely respond or contact the plaintiff's counsel, the plaintiff may move for entry of default and default judgment against you. If that judgment is obtained, the defendant may receive a “Notice of Right to Designate Exemptions,” which begins the process of attempting to collect the judgment against you.
What kind of property is subject to a judgment lien under North Carolina law? In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest.
3 Ways to Stop Wage Garnishment in Charlotte Negotiate with the Creditor. One of the most direct ways to stop wage garnishment is to negotiate with the creditor. Claim an Exemption. In North Carolina, certain portions of your wages are protected from garnishment. File for Bankruptcy.
What kind of property is subject to a judgment lien under North Carolina law? In every state, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest.
Garnishments by the North Carolina Department of Revenue are limited to 10% of your gross wages. (N.C. Gen. Stat. § 105-242).
Personal property exemptions. The personal property of any resident of this State, to a value fixed by the General Assembly but not less than $500, to be selected by the resident, is exempted from sale under execution or other final process of any court, issued for the collection of any debt.
Household exemption typically includes clothing, furnishings, appliances, books, and other household items that are used as part of everyday residential existence.
More info
The notice of levy to be served on the garnishee shall be substantially in the following form: State of North Carolina. In the Superior Court.We present the following general formula for catalyzing the conversion of your client's paper judgment into something of tangible value (debt collection). The creditor with a judgment must give you notice of your right to protect your property. (f) In answer to a summons to garnishee, a garnishee may assert any right of setoff which he may have with respect to the defendant in the principal action. Wage garnishment deductions should begin with the next payroll cycle. Check with your payroll for verification. Judgment against garnishee for the smaller of: a). An amount equal to the value of the property in question: or b). A deputy may levy on the debtor's real property in a post-judgment collection, unless the debtor is married and the spouse is not subject to the judgment.
