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Motion to Claim Exempt Property: Why Bother?

Published February 27, 2014 by Sasser Law Firm

In North Carolina, as in most states, an individual against whom a judgment is awarded has the right to file a MOTION TO CLAIM EXEMPT PROPERTY to claim certain amounts of value in property as exempt from the reach of a judgment creditor during the judgment execution process. (Note, however, that a corporate entity against which a judgment is awarded has no right to claim exemptions under North Carolina law.) Before issuing a Writ of Execution the judgment creditor must serve the individual judgment debtor with a NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED.

If you are served with this Notice and Motion, be sure to pay close attention to the date on which you received them. As it states on the Notice:

“It is important that you respond to this Notice no later than twenty (20) days after it was served on you because you will lose valuable statutory rights if you do nothing. If you do not respond, you will give up your right to statutory exemptions and the judgment creditor may be able to take any or all of your property to satisfy the judgment.”

Even though the Notice contains this important message, too many individuals either do not read the Notice or do not care enough to figure out how to claim their exemptions within the required twenty (20) day time-frame, and consequently, they lose important legal rights. Sasser Law Firm assists individuals with completing and filing the Motion to Claim Exempt Property, so that your property rights can be protected from a judgment creditor to the extent the law allows.

Attached to this blog post is a copy of both the NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED and the MOTION TO CLAIM EXEMPT PROPERTY. If you are served with these documents in Raleigh or any part of Eastern North Carolina, please give us a call to see if we can help you complete the exemption forms and / or to discuss whether a bankruptcy case might help you deal with the underlying debt obligation.

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