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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i received a North Carolina judgement in Oct 2004 for $1800

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i received a North Carolina judgement in Oct 2004 for $1800 Credit card defaulted on while going through a divorce. Sessom & Rogers PA had by bank take money out of my checking account. They said I owe them $5300. I have been making $120 payments every month for 2 years now they want to increase payment. I cannot do that. So I have an exemption of rights paper to complete. Where do I list my Salary and do I list as monthly amount or yearly amount. All my furniture is over 15 years old. I know that in Oct 2014 the 10 years will be up. Will I be able to stop paying them then. I am struggling with Student loans, hospital bills and living expenses.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your information.

I need to know what paperwork you are filling out. Is it posted on line somewhere? I want to make sure we are talking about the same document.


Also, you are saying that you were paying them $120 per month on the judgment. Was this being done pursuant to a payment agreement you entered in with them? If so, was the agreement in writing?
Customer: replied 1 year ago.
It is called Notice Of Rights to Have exemptions designated and the 2nd page is Motion to claim exempt property. Yes it is online. After they took money out of my checking account, my bank informed me to call the sheriff's dept and make a payment agreement and they will put the money back. After I talked to the sheriff the money was back into my account. I paid the clerk of court $100. Then the Attorney sent me a receipt/letter saying I could make payments to them. He wanted $200 a month. I said I could not afford to pay that.I can pay $120 and have been paying for 2 years. Now they want more money. I did not put anything in writing. But I did receive a letter saying their client Sherman Acquisitions agreed to accept $120.00 a month.
Expert:  TexLaw replied 1 year ago.
Thanks, XXXXX XXXXX give me the actual web address where the document is, I want to make sure we are looking at the same document when we discuss it.
Customer: replied 1 year ago.
It is http://www.nccourts.org/forms/Documents/927.pdf Motion to clain exempt property
Expert:  TexLaw replied 1 year ago.
Thanks.

You list the furniture as exempt in No. 6 if it is worth less than $5,000.

Your salary is not exempt from judgment and can be seized if it goes into a bank account which they have a levy against. So you will have to hold it in cash if you do not want it to be seized from your account.

The only income that cannot be seized is that from personal injury settlements, disability, child support, retirement pensions and social security.

Does any of your monthly income consist of anything like this, or is it just wages?
Customer: replied 1 year ago.
But #6 says I am only entitled to $3500 in personal Property. I do not have any dependents. No I am not on disability yet. I am fighting to keep working.
Expert:  TexLaw replied 1 year ago.
No, #7 is for $3500 and that is in regard to your vehicle.

#6 is for your personal property, like your furniture and other household goods, and you may keep $5,000 of it. Do you believe that your furniture is worth less than $5,000 given its age?
Customer: replied 1 year ago.
#6 says claim $3500 personal property and #7 say can only claim $1500 on vehicle. Is the form incorrect? My furniture is worth less than $3500 or $5000.
Expert:  TexLaw replied 1 year ago.
I'm sorry, I don't mean to frustrate you. If that is what your form says, it is different from the form I'm reviewing.

The form I'm reviewing say for no. 6:

I wish to claim the following personal property consisting of household furnishings, household goods, wearing apparel, appliances,
books, animals, crops or musical instruments as exempt from the claims of my creditors (in other words, keep them from being taken
from me). These items of personal property are held primarily for my personal, family or household use.
6. I understand that I am entitled to personal property worth the sum of $5,000.00. I understand I am also entitled to an additional
$1,000.00 for each person dependent upon me for support, but not to exceed $4,000.00 for dependents. I further understand that I
am entitled to this amount after deducting from the value of the property the amount of any valid lien or security interest. Property
purchased within ninety (90) days of this proceeding may not be exempt. (Some examples of household goods would be TV, appliances,
furniture, clothing, radios, record players.)

Does your form say something different?
Customer: replied 1 year ago.
Thanks the wording is the same but the amounts are different. Thanks for your help.
Expert:  TexLaw replied 1 year ago.
That's strange. Go to the link that you gave me and use the form with the higher amount.

You can claim up to $5,000 for your furniture and personal effects. I would imagine that if everything is over 15 years old, then you can keep it all. Most judgment creditors won't attempt to seize this kind of stuff anyway because it is not worth the trouble, so you should just list "all household furniture is worth less than $5,000".

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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