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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10197
Experience:  30 years of corporate, litigation and international law
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I have been given a motion to claim exempt property

Customer Question

I have been given a motion to claim exempt property personally.My business (LLC) is also under this suit, does it have a right to file a Motion to Claim Exempt Property?Thanks.
Submitted: 1 month ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 month ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Were you personally named in the suit as well as the LLC? Has any of your property been levied upon?

Customer: replied 1 month ago.
No Levys. They have just sent Motion to Claim Exempt Property personally.Yes both me personally and the LLC are in the suit.
Expert:  Richard - Bizlaw replied 1 month ago.

You need to file a response to the motion by listing all the property you claim is exempt. For a complete list of exempt property see statute N.C.G.S. § 1C‑1601. Here is a link to the statute. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1C/GS_1C-1601.html

You must fill out the motion and file it with the court within 20 days so you should act promptly. This property will not be subject to levy if you lose the case but you must get your motion filed timely.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 month ago.
They did not serve us as the LLC. Only personally for the exemptions. But both on suit.Does the LLC have a right to file a Motion for Exemptions?
Expert:  Richard - Bizlaw replied 1 month ago.

Only a natural person is entitled to the exemptions. The LLC has no right to file such a motion.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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