Legal Question in Bankruptcy in North Carolina

what are your rights if a police officer comes to your house over a credit card debt looking for valuables ?


Asked on 10/19/11, 10:43 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Your question implies that a credit card company has taken judgment against you and now has issued a Writ of Execution. The sheriff is obligated to seize personal property to satisfy the judgment. If correct process was followed, you have already seen the Notice of "Right to Have Exemptions Designated" You can find the document as AOC-CV-415 on the NC State Court website. You were supposed to fill it out and designate what property you own and what you exempt and thus free and clear of the claims of the creditor's judgment. There are various exemptions, but if you do not fill it in, and sign it, the sheriff could take any of your personal property. The exemptions you are allowed include up to $3,500 in an automobile, up to $5000 in household goods, up an additional $5,000 in any property if you do not own real estate. There are many others under state and federal law to exempt retirement, social security, etc. If the sheriff takes property, you can still petition the court to allow exemptions under state law or file bankruptcy to impose the exemptions through federal bankruptcy law.

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Answered on 10/25/11, 6:20 am


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