Claim of Exemptions

Questions about the post-judgment exemption claim process which begins with a Notice of Right to Have Exemptions Designated.

How do exemptions work when there is a co-defendant or joint judgment?

Sat, Mar 16 2013 - 4:57pm by (emf [at] fabriciuslaw.com Twitter Google+)

While many collections lawsuits only have a single defendant and result in a judgment against only one person, some collections lawsuits proceed against multiple defendants and result in a judgment jointly against multiple people. In the collections realm, two common joint judgments are judgments against both husband and wife and judgments against both corporation and owner.

Why does the sheriff come back after I designate exemptions?

Sat, Mar 16 2013 - 1:04pm by (emf [at] fabriciuslaw.com Twitter Google+)

A frequent point of confusion relates to what is happening when a deputy sheriff comes back seeking to execute on property after an exemption order has been obtained following a notice of right to have exemptions designated.

I filed an exemption motion previously. Do I have to do it again?

Sat, Mar 16 2013 - 1:00pm by (emf [at] fabriciuslaw.com Twitter Google+)

In short, yes. A motion to designate exemptions and the ensuing order designating exemptions is limited in scope. The same person might have to file several motions over time for any given judgment, and separately for separate judgments.

When is an exemption claim motion due?

Sat, Mar 16 2013 - 12:26pm by (emf [at] fabriciuslaw.com Twitter Google+)

Under NCGS 1C-1603(e), one must file a responsive motion to a notice of right to have exemptions designated "within 20 days after notice of his rights was served."

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