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Judgment/Notice of Right to have Exemptions designated
A junk debt buyer was awarded a judgment against me and I have received the Notice of Right to Have Exemptions Designated. I cannot afford an attorney and I think I can fill out the Motion to Claim Exempt Property. I own nothing except for my clothing, a few pieces of second hand furniture, odds and ends of kitchen things, books, and craft materials. I have been married for 7 years and this "debt" is from before we were married. My husband owned his home before we were married and everything is in my husband's name, including the vehicles. We have had separate checking accounts our entire marriage and I am not on any of his credit cards, etc. My question is - where do I claim my checking account on the Motion to Claim Exempt Property? I do not use my checking account for anything really except to have my insurance drafted directly out of my account, etc. I live in NC and from everything I have read they cannot garnish my wages for credit card debt. Is this correct?
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I believe NC does exempt wage from garnishment, one of a few states that does. You can try claiming your checking account, but I don't think it qualifes as an exemption.
I found this info In NC you can protect $18,500 of equity in a debtor's residence but if a debtor does not have $18,500 equity, then he can use the difference between what he has and $18,500 to protect some other asset. This is called a wild card. A debtor also can protect $1500 equity in a car, cash value life insurance, and ERISA-qualified retirement plans and IRA's Here: Protecting Your Assets: Exemptions and Judgements / Collections at Showell Blades Bankruptcy Law You m,ight alsdo find this site helpful: Welcome to the Eastern District of North Carolina |
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