Motion to Claim Exempt Property - Statutory Exemptions - Use if Judgment Filed After 1-1-06 - Draft: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Motion to Claim Exempt Property - Statutory Exemptions - Use if Judgment Filed After 1-1-06
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North Carolina
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NC-CV-415
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Judgment creditors can force the sale of your home to get paid, but they rarely do this. If you're sued in court for a sum of money and lose the case, the prevailing party will be granted a judgment. That party may then obtain a judgment lien, which is a lien that attaches to your real estate.
A judgment may allow creditors to seize personal property, levy bank accounts, put liens on real property, and initiate wage garnishments. Generally, judgments are valid for several years before they expire.
What Does It Mean to Be Judgment Proof? Creditors can garnish certain kinds of income. If your income is protected from garnishment and you don't have many (or any) assets like a house, personal property, or savings to pay off your debts, you're probably judgment proof.
1 : free or released from some liability or requirement to which others are subject was exempt from jury duty the estate was exempt from taxes. 2 obsolete : set apart. exempt. verb. exempted; exempting; exempts.
Exemption laws allow you to keep a portion of your property away from your creditors when you can't pay a bill.The protected property is known as exempt property. You'll find a listing of exempt property in your state's exemption statutes.
You know you owe the money. The bottom line: the creditor gets a judgment against you. In North Carolina, the entry of a judgment against you can cause a creditor to put a lien on all real property you have in the County where the judgment is recorded with the county recorder as well as on all non exempt property..
When a judgment has been entered against you, creditors can take some of your income or your assets to pay back the money you owe. Assets are things you own, like a bank account, a car, or jewelry. But, you can keep some of your income and assets safe from most creditors.
If a person is deemed judgment proof, it likely means that they have no assets and no job. Creditors cannot seize the assets of someone who the court names judgment proof. Social security, disability, and unemployment benefits do not count as assets that can be taken by creditors.
Section 15062 - Notice of Exemption (a) When a public agency decides that a project is exempt from CEQA pursuant to Section 15061, and the public agency approves or determines to carry out the project, the agency may, file a notice of exemption. The notice shall be filed, if at all, after approval of the project.