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North Carolina Motion To Claim Exempt Property

North Carolina Motion To Claim Exempt Property

Name: North Carolina Motion To Claim Exempt Property
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (262 reviews)

Category:

North Carolina Bankruptcy - Official - Eastern District

State:

North Carolina

Control #:

NC-SKU-0052

Format:

Instant download

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Description

Motion To Claim Exempt Property North Carolina Motion To Claim Exempt Property is a legal document that is filed by a debtor in a bankruptcy proceeding in order to protect certain assets from being liquidated to satisfy creditors. This motion allows the debtor to claim certain property, such as real estate, vehicles, wages, and other personal property, as exempt from liquidation under North Carolina state law. There are two types of North Carolina Motion To Claim Exempt Property: (1) Homestead Exemption and (2) Wildcard Exemption. The Homestead Exemption allows a debtor to exempt up to $35,000 of real estate from creditors, while the Wildcard Exemption allows a debtor to exempt up to $5,000 of other personal property, such as household goods, clothing, and other items.

North Carolina Motion To Claim Exempt Property is a legal document that is filed by a debtor in a bankruptcy proceeding in order to protect certain assets from being liquidated to satisfy creditors. This motion allows the debtor to claim certain property, such as real estate, vehicles, wages, and other personal property, as exempt from liquidation under North Carolina state law. There are two types of North Carolina Motion To Claim Exempt Property: (1) Homestead Exemption and (2) Wildcard Exemption. The Homestead Exemption allows a debtor to exempt up to $35,000 of real estate from creditors, while the Wildcard Exemption allows a debtor to exempt up to $5,000 of other personal property, such as household goods, clothing, and other items.

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FAQ

North Carolina's Homestead Exemption The homestead exemption protects equity in your home. In North Carolina, The homestead exemption protects up to $35,000 in equity of any real or personal property used as a residence. Both spouses must be on the title to double this exemption.

Exempt property (items that a debtor may usually keep) can include: Motor vehicles, up to a certain value. Reasonably necessary clothing. Reasonably necessary household goods and furnishings.

If a creditor has a judgment against an individual in North Carolina and is seeking to execute the judgment in North Carolina, that creditor will need to serve the judgment debtor with a Notice of Right to Claim Exemptions. Upon service, the judgment debtor has the right to file a MOTION TO CLAIM EXEMPT PROPERTY.

A ?notice of right to have exemptions designated? in North Carolina is a legal document from a creditor who has obtained a judgment against you. This notice of right to have exemptions designated form is sent to you by the judgment creditor requiring you to list all property that you own.

Cars are personal property, and that means that judgment creditors can typically take and sell them.

North Carolina's property exemptions usually cover most property owned by someone facing a judgment. North Carolina allows you to exempt: Up to $35,000 in equity in your primary residence. Up to $3,500 in equity in a vehicle.

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Motion To Claim Exempt Property (Statutory Exemptions) (Use If Judgment Filed On Or After Jan. The following is a complete listing of my property which I do NOT claim as exempt. 18.I certify that the above statements are true. Completing and timely filing this form can protect some or all of your property from being subject to the judgment creditor's claims. Once you receive this notice, you have 20 days to file a Motion to Claim Exempt Property (Statutory Exemptions). You must complete the Motion to Claim Exempt (Statutory Exemptions). You must file the Motion within 20 days from receiving it. – Clerk goes through Motion form with debtor and helps debtor complete the Motion. A notice of rights to have exemptions designated is a document that you fill out to protect assets. It typically means your assets are in jeopardy.

North Carolina Motion To Claim Exempt Property

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