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I have received a civil judgement against me. (Buncombe co.

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I have received a civil judgement against me. (Buncombe co. NC) I would like to know what the creditor can do. Can he take my house and land (no mortgage, paid for, but in my name and another persons name)? Can he take my vehicles? Currently I receive unemployment. I no longer have the tractor that I purchased from the creditor that is included in the amount of judgement. What is entailed in a Writ of Execution? Is it applicable? If I make payments to the court house on a regular basis will this hold off things? Thank you in advance.
Submitted: 3 years ago.
Category: Legal
Expert:  LawTalk replied 3 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

A creditor may lien your property, or they may seek to attach it and have it sold to satisfy the judgment.

Vehicles also may be attached and sold. Making payments is not sufficient to prevent a Writ of Attachment from being carried out, I'm afraid, unless the judgment creditor agrees to it. However, in most cases where the creditor has had to go through the process of suing you to get a judgment---they generally just do what is necessary to get their money right away.

Typically what happens is that the judgment creditor applies to the court for a writ of attachment and gives it to the local sheriff to serve on you. You are given the opportunity to list the property that you want sold at auction to pay off the debt.

You are allowed certain exemptions which may not be taken from you under NC law. The statutory exemptions provided under § 1C-1601 of the North Carolina General Statutes include the debtor and his dependent's aggregate interest or value in real property or personal property used as a residence, or in a burial plot, not to exceed $10,000; any property not to exceed $500, one motor vehicle not to exceed $1,500, household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use up to $3,500 for the debtor plus $750, but not to exceed $3,000 in total, for each dependent, any implements, professional books, or tools of the trade of the debtor or the trade not to exceed $750, life insurance proceeds, professionally prescribed health aids, compensation for personal injury or for death, but such exemption is not exempt from claims for funeral, legal, medical, dental, hospital, and health care charges related to the accident or injury giving rise to the compensation, individual retirement accounts qualified under Section 408(a) of the Internal Revenue Code, individual retirement annuities qualified under Section 408(b) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408(c) of the Internal Revenue Code.

I wish you well in 2011.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug


Customer: replied 3 years ago.
Thank you for your quick response however I am still confused "You are allowed certain exemptions" is not what I am clear on. My house is valued at about $100,000 and I have 2 vehicles worth about $3000 each. Additionally is there not a time period for me to pay the judgement? Can they take it from my state or federal taxes? BotXXXXX XXXXXne what should I do to protect myself since I am unable to pay the debt in full at this time.
Expert:  LawTalk replied 3 years ago.
What it means is that if the house needs to be sold to pay the debt, you get the first $10,000 of the proceeds from the auction of the house.

Private creditors may not garnish your income tax returns---but they can levy on your bank accounts once the money is in the account.

There is no time period for you to pay the judgment. Collection may be started immediately.

You can file chapter 13 bankruptcy and you will be able keep your house and cars. You will pay the some or all of the judgment debt, as well as all of your other consumer debt such as credit cards, off over a 3 to 5 year period.

Those are about all the choices you have, I'm afraid.

I wish you well.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Thanks Again for allowing me to help you,

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
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