Legal Question in Credit and Debt Law in North Carolina

if my husband has a judgement against only him and if they were to come and take something of equal value to get their money, can they take something that is jointly owned or owned by just me? or does whatever they take have to be just solely in his name?


Asked on 8/26/09, 12:54 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

They may be able to take certain things that are jointly owned and take 1/2 of the value of it (although not principal residence). Before they can execute, your husband should receive a notice of rights to designate exemptions and should fill that out and use all his exemptions. Ask an attorney for help if you are unsure of how to fill out the Notice and make sure it is filled out and filed with the clerk of court within 20 days of service by the sheriff.

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Answered on 8/26/09, 1:20 pm


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