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There are two main categories of property exempt from execution on a judgment in North Carolina. The most commonly exemptions are the statutory exemptions found in NCGS 1C-1601. Those include: $35,000 equity in a primary resident (with a special circumstance of $60,000.00 for people over 65 who are widowed), $5,000.00 in household goods, $3,500.00 equity in a motor vehicle, individual retirement accounts, and other items set out there. You should read the section carefully however, because there are some exceptions to those. To claim the exemptions, you must file your Motion to Claim Exempt Property within 20 days of receiving it. There are no extensions of time granted for this, and if not returned to the court within that time, those exemptions will be deemed waived.
There are also constitutional exemptions that can be claimed later on, in the event you have waived the statutory exemptions. These are set forth in Article X of the NC Constitution.
What else can I help you with?
Are personal items taken in a Writ of Execution in NC?
In North Carolina, a Writ of Execution allows for the seizure of certain non-exempt personal property to satisfy a judgment. However, specific personal items are typically exempt from seizure, including necessary clothing, household goods, tools of the trade, and certain financial accounts. It's important for individuals to be aware of these exemptions, as they protect essential personal items from being taken. Consulting with a legal professional can provide clarity on what is exempt and what can be seized under this writ.
If being sued what is non exempt?
Non exempt is everything that is not defined as exempt. Generally this pertains to collecting a judgment. You can't, for example, typically be forced to give up your home or your car up to a certain value satisfy a judgment and thus those items would be considered to be exempt from collection. On the other had income from a job or a savings account would be non-exempt meaning that they could be seized to satisfy the judement. You would want to check with the rules in your county to determine what would be considered exempt if you do not know.
Is there any items in North Carolina that start with x?
Xavier Court is the name of a street in Fayetteville, North Carolina. X Ray Drive is the name of a street in Gastonia, NC. Xebec Way is the name of a street in Raleigh, North Carolina.
What items are exempt in Pennsylvania?
fabric
How long does a judgment stay on your credit report in North Carolina?
The length of time items are displayed on a consumers' credit report is established by the Fair Credit Reporting Act, a federal law. It says at 1681c, Sec. 605 that judgments are excluded from credit reports when they are seven years from their date of entry "...or until the governing statute of limitations has expired, whichever is the longer period."
Are computers tax exempt under the Virginia tax holiday?
No, only items under $100 dollars are exempt in VA's tax exempt holidays. I wish they were!
What types are items are tax exempt for a business?
Items that a business buys with the intention of reselling them are exempt from sales taxes. However, the business has to charge sales tax when it does resell that item.
What does exempt from taxes mean?
It refers to items that you don't pay taxes on.
Which states do not garnish wages?
North and South Carolina, Pennsylvania and Texas. The exceptions to wage garnishment in these states are..taxes, child support, Federal student loans, court ordered fines or restitution for debt incurred by a criminal act. According to the North Carolina Department of Labor's website, North Carolina Courts cannot order garnishments for debts other than taxes, child support, and student loans. However, if a court outside of North Carolina orders a garnishment for wages based on a judgment for credit card debt, North Carolina employers must honor the garnishment. Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
Is there a problem in Northwest Indiana with the mail getting to North Carolina because you have been waiting for some items for almost a month now?
you're poopy
Can bankruptcy take all things that have a title?
Not usually, you will have to file exempt on items that are owned.
What can be taken from you in a judgment?
State laws dictate what personal and real items belonging to a debtor are exempt from execution of a judgment writ. The preferred method of judgment creditors for enforcing the writ is wage garnishment or bank account levy against the judgment debtor. Generally the same property that is exempted in bankruptcy proceedings will also be exempted from attachment by a judgment creditor. It is in the best interest of the judgment debtor to obtain legal advice if faced with such a situation. The debtor's property is NOT automatically protected they need to file documents required by the court to keep exempted property from being possibly seized for sale or encumbered by liens.
