Legal Question in Credit and Debt Law in North Carolina

I live in the same house as someone who has just received a creditor judgement and papers to fill out on exemption of property. Evidently he lost a lawsuit against a creditor and his property is going to be seized and sold. But he doesn't own very much and hardly anything of value. Neither do I, but I still don't want anyone coming in and rummaging through my belongings or taking my own property to sell. I've a lock on my bedroom door, but my property is throughout the house. He has just ignored all legal papers and neglected to tell me about this; I found the paperwork, but he took it.

What can I do to protect my property?


Asked on 2/05/12, 8:38 pm

1 Answer from Attorneys

I don't see a need for you to "protect" your property if you don't own anything in common with him (a jointly owned car, house or bank account or things like that). The sheriff cannot take YOUR property to satisfy the other person's judgment. The sheriff cannot even enter the home where you live.

The person against whom the judgment received papers called a "notice of rights" and "motion to claim exempt property." Thise papers are very important and should not be ignored. For a fee, I can assist this person in filling them out if he/she is interested. The papers have to be filed with the court 20 days after the date they are received.

You say that you and the other person don't own much. If that is true, he/she might be judgment proof. However, the exemptions are waived (meaning lost) unless they are timely filed so that is why these papers are important.

Most creditors want money, not property. So if you have a joint bank account with this person, close it immediately and get your own separate accounts. If you own things like land or a car with this person, again, those papers are important as those things can be saved from seizure by the sheriff.

Please have the person contact me or a local attorney for assistance. The person can reach me at [email protected].

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Answered on 2/05/12, 10:02 pm


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