Legal Question in Credit and Debt Law in North Carolina
can creditors empty out all furniture and everything. Do they have that right?
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.
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