Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

On a motion to claim exempt property, do i include bank

On a motion to...

On a motion to claim exempt property, do i include bank accounts?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NC

Lawyer's Assistant: Has anything been filed or reported?

I have a judgment and was served with the motion

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sons have 2 car thats in my name, how do i list them?

Show More
Show Less
Ask Your Own Legal Question
Answered in 25 minutes by:
9/28/2017
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,260
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello JACUSTOMER,

Unfortunately bank accounts are not directly exempt from creditors in the State of North Carolina. The types and amounts of property that are exempt from creditors are set forth in North Carolina Statutes Section 1C-1601. Under these provisions a debtor is allowed to exempt $35,000 in the equity of a residence. But if you don't use this $35,000 exemption, you are them allowed to exempt from creditors $5,000 in any type of property whatsoever. So if you don't use the $35,000 of exemption for your residence, you could list a bank account up to $5,000.

With respect to a car, you are allowed to exempt up to $3,500 in equity in any one vehicle. So, you would not be able to list both vehicles. But you can list one of the cars, and you would be entitled to a $3,500 exemption for that car.

For detailed information on the exempt properties you can claims, I encourage you to read the statute listed above, as well as: What Property is Exempt from Seizure after a Judgment in North Carolina?

I hope this information helps.

Thomas

Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,260
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
Thomas Swartz and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,260
3,260 Satisfied Customers
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Thomas Swartz is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
what licenses would i need to open a hookah lounge in new york
what licenses would i need to open a hookah lounge in new york city, Queens… read more
Alex, Licensed Attorney
Alex, Licensed Attorney
Attorney
B.C.L./LL.B.
89 satisfied customers
I have been served with a Motion for Revivor of Judgement through
I have been served with a Motion for Revivor of Judgement through the County Court Jefferson County Colorado. The credit card debt was defaulted over six years ago. The original judgement dated June 6… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
what is the TX law on 50/50 raffles for a nonprofit, alumni
what is the TX law on 50/50 raffles for a nonprofit, alumni club?… read more
Maverick
Maverick
Doctoral Degree
6,135 satisfied customers
Can you tell me if we want to file exemption for jury duty,
Hello. Can you tell me if we want to file exemption for jury duty, is there a time limit on how many days before the jury date we must do it … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
291 satisfied customers
I am filling out a claim exemption from garnishment form. I
I am filling out a claim exemption from garnishment form. I think the only exemption I can claim is money belonging to a joint account holder (my husband). I want to make sure there isn't something el… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,768 satisfied customers
Are the retirement benefits exempt from from probate
Are the retirement benefits exempt from from probate (Texas)? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Is it legal for an employer to expect an exempt manager to
Is it legal for an employer to expect an exempt manager to be available and resolve work related issues around the clock? My daughter's is an assistant manager of a high end bar with night shifts. Her… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I wonder if there are some legal exemptions applied to the
Hi i wonder if there are some legal exemptions applied to the statute of limitations and if so, do they vary from state to state ? please, Thank you … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I have a question about salary for exempted employee. At
i have a question about salary for exempted employee … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Is my vehicle considered exempt property. Arkansas and no. A
Me and my husband have been sued by my aunt we have 3 kids with us and I am the only one working and pay childsupport also… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
If a person gave a gift up to the lifetime exemption in 1999
If a person gave a gift up to the lifetime exemption in 1999 ($650,000), but the lifetime limits are now raised, can that person give an additional gift (over the annual exclusion of $14,000) … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Homestead exemption in Florida. My mother passed in 2000,
Homestead exemption in Florida. My mother passed in 2000, her old house my brother decided to live in. He continu d to pay the taxes as they came each year. In 2018, the city of Jacksonville is procla… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Do Florida college students have to change their address on drivers license every tim
Do Florida college students have to change their address on drivers license every time they move? If they are dependents can they just keep their "home" address on their license?… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,437 satisfied customers
What does let execution issue mean in the following context &quo
What does "let execution issue" mean in the following context? "All costs incurred are taxed against [PERSON'S NAME], for which let execution issue if not paid."… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
I need to renew a Consumers Certificate of Exemption for
I need to renew a Consumer's Certificate of Exemption for the American Legion Post 55. Thank you… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,761 satisfied customers
A creditor (CACH,LLC) started proceedings to garnish my wages.
A creditor (CACH,LLC) started proceedings to garnish my wages. (I had already offered to make monthly payments that I could afford). I submitted a garnishment exemption worksheet and proof that I rece… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
is it illegal tohave blue cab lights on your truck in the state
is it illegal tohave blue cab lights on your truck in the state of indiana… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
I HAD A CONSTABLE COME TO MY HOUSE TO SERVE ME SOME PAPERS
I HAD A CONSTABLE COME TO MY HOUSE TO SERVE ME SOME PAPERS BUT I WAS NOT HOME. HE LEFT A NUMBER TO CALL HIM REGARDING PAPERS THAT BASICALLY MEANT SOMEBODY WAS TRYING TO TAKE MY PROPERTY. I RECENTLY GO… read more
mclemorelawyer
mclemorelawyer
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x