This was from a default judgement . I reside in the state of North Carolina. The home is only in my name so I am assuming I would exempt the residence. The active bank account and car are in my husbands name only, so do I have to exempt those items and can they touch them?? My bank account has a minimal balance and is barely used . I would like to add that but there is no area to list bank accounts so where should that item be added to the form?? If I am not mistaken I believe that salary in NC can not be garnished by credit card debt . My salary has been electronically being sent to my husbands bank account from my employment for a few months now that is just the way we set it up, is there any concerns in that area?? I appreciate any help I can get and thank you in advance.....
You really need to get up with a lawyer and not keep posting questions here.
You can exempt up to $35,000 (only use $30,000 of this and save $5,000 to use as your "wildcard" in question 8) in question 5. If the home is owned by you and your husband as a tenancy by the entireties, list it, but the home is safe regardless of how much equity is there.
Question 6 is for household goods, clothing jewelry. Attach a separate page if you need more than 3 lines. Use general categories like so:
clothing - 500
jewelry - 200
tvs - 300
furniture - 400
and so on.
Since you are married, I would indicate that you have a 1/2 marital interest in things like appliances and furniture. Anything belonging solely to your husband is not listed.
Exempt up to $3500 equity in any motor vehicle belonging solely or in part to you. Again, if it is solely the husband's and the judgment is just against you, then you do not list anything of the husband's.
You list bank accounts in question 8. What is the highest value per month on the bank account> List it. You get $5,000 total for question 8. List also anything else that is not covered in questions 6 and 7. like a laptop computer or something.
There is no wage garnishment for credit card debt. However, once your wages hit your bank account, they would be fair game. You are smart for directing your pay into your husband's account. If just his name is on the bank account then it cannot be touched.
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