Legal Question in Credit and Debt Law in North Carolina

can creditors empty out all furniture and everything. Do they have that right?


Asked on 10/19/11, 6:00 pm

1 Answer from Attorneys

In North Carolina, if you have a judgment against you, then you have to fill out exemptions in order to keep certain property from being executed upon by the sheriff. If you do not fill them out then the exemptions are waived and yes, in theory, the sheriff can take any non-exempt property.

As a practical matter, the sheriff does not want your pots and pans. The sheriff wants money. He is looking for items that can be sold and will bring in cash. Things like cars or land owned free and clear, maybe electronics (X-Boxes, computers, tv/stereos, Blu-Rays etc.) may bring in some cash, but used stuff is used stuff. It is not worth the same as new. Most sheriffs will try to get you to enter into some kind of payment plan with the creditor.

If you are a debtor and need help with resolution of the debt or with the exemptions, I give free email consults. There is a charge of $50.00 for phone consults. If you wish to discuss the specifics of your case in confidence, then please contact me at [email protected].

Read more
Answered on 10/19/11, 6:07 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina