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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118723
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I received a Notice of Right to Have Exemptions Designated

Customer Question

I received a Notice of Right to Have Exemptions Designated for a Judgment against me. I am attempting to fill it out, but I have very little to claim. I rent my home, I am paying payments on my car (I have only had it 18 months), and just various household items. I do have a Roth IRA, which I claimed. If the money owed for judgment is for fees and not for the government, can my wages or bank account be garnished?
Also, if I went to an attorney, could I have the judgement removed if I paid the fees owed in payments? I do not have many funds available to pay an attorney, how involved is this type of case? Also, should I solicit a Bankruptcy attorney or another type of attorney?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your bank account can be seized and levied. Under NC law, wages cannot be garnished except for taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. A NC court cannot order wage garnishment on an NC judgment. Now, if the judgment is from out of state and an out of state court orders garnishment, then the NC court has to honor the out of state garnishment order and can order enforcement of that order in NC.

As far as avoiding the levy or execution on the judgment, you can negotiate payments in exchange for them agreeing IN WRITING to not execute any levy on your property or accounts.

I would consider, if you have nothing they could take (your car they cannot take, it has too big of a lien on it) that you would do best seeking to make a payment plan and inform them you have nothing they will get from any seizure or levy. If they refuse, then bankruptcy is really your best step to put an end to this permanently. If you just object to the levy they can keep coming back every 6-12 months to try to levy again hoping you have something.