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Which form do I fill out? Motion to claim exempt property (statutory or constitutional) exemptions?

Raleigh, NC |

I was served with these forms and am attempting to fill them out. Do I need to fill out both forms? I co own a house with my wife and we have a joint bank account. Can they attach this to the judgment? Also, do I need to go around the home and list individual items I want protected or is there a general term used for multiple items? We have a car in my wifes name and a truck in my name that is not paid off and is worth less than what is owed. I am going to file bankruptsy in the coming months but just want this to get pushed back as long as i can until I am ready to file. Any advice?

Attorney Answers 3


  1. You probably have two identical copies of the exemption form (http://www.nccourts.org/Forms/Documents/927.pdf). A motion must be filed with the court and also served on the plaintiff/judgment creditor, although filling it out once and photocopying would be typical.

    A joint house may or may not be protected, depending on the exact form of ownership and who was sued in the lawsuit. I would suggest consulting with an attorney on this point. Most joint bank account have no such special protection. Questions about protection of particular property are best addressed by an attorney with access to the full facts of your situation.

    You can attach sheets to the motion to provide detail. It's hard to generalize exactly how much detail is needed, although some amount of grouping is common.

    It's important to be thorough in a claim of exemptions. Particularly if you are intending to file bankruptcy soon anyways, it would be advisable for you to consult with an attorney with the aim get the ball rolling on both state court exemptions and pre-bankruptcy planning together.


  2. You mention that you will be filing bankruptcy soon. Have you met with an attorney yet? If so, I would talk with that attorney and ask them to help you with this form. If not I strongly recommend that you speak to an attorney about your situation immediately. I routinely help clients that will be filing bankruptcy with the Motion to Claim Exempt Property while working with them to get their case filed.

    You only have 20 days from the date you receive the Notice of Rights and Motion to Claim Exempt Property to file the Motion with the Court. If the Motion is not timely filed you will waive your right to claim the exemptions.

    Craig


  3. This sounds like a question of State law, not bankrutpcy law.

    You need to contact a lawyer in your area to discuss this form since it sounds like a judgment has been rendered against you in State Court and you are apparently required to claim the assets that you own that are exempt from seizure in the State Court proceeding.

    A bankruptcy would stop the continued efforts to enforce this judgment against you.

    The information provided is not intended as legal advice. No Attorney/Client relationship is intended, implied or created.

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