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    skimask63's Avatar
    skimask63 Posts: 1, Reputation: 1
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    #1

    Sep 30, 2016, 09:27 AM
    Motion to Claim Exempt Property in NC
    I'm in NC and received a Notice to Have Exemptions Designated because of a Judgement. I am trying to fill out the Motion to Claim Exempt Property and read somewhere that I can exempt up to 60 days of wages to care for my family but I don't see anywhere on the form to fill that exemption.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 30, 2016, 12:59 PM
    Wages are usually taken through a writ of garnishment served on the employer. There is a federal statute which only allows 25% (or less) of your paycheck to be garnished. There may also be a more liberal exemption under state law.

    So you probably don't have to designate wages as being exempt. The idea is that you are unlikely to have 60 days of wages in the bank or in cash. It is more likely that you spend your wages as you get them.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #3

    Sep 30, 2016, 04:22 PM
    Wages are not property. The form you have appears to deal with property. Your home, cars, other real property.

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