Legal Question in Credit and Debt Law in North Carolina
If a loan is unsecured, do they have a legal right to have me fill out a exemption designation?
1 Answer from Attorneys
You confuse a few things. Whether a debt is secured or unsecured, its not a question of whether the creditor can "force" you to fill out exemptions. If you received the form, that means a judgment has already been entered against you.
The exemptions are granted to you by state law. It would behoove you to file the exemptions. Your creditor would prefer that you did not do so. The creditor only sent the exemptions to you because they are required to do that by NC law. The creditor had to do that before they are able to execute on the judgment.
The exemptions are waivable - if you do not fill out the exemptions then you have waived your statutory exemptions, meaning that the sheriff can seize and sell any assets that are owned free and clear (like land or a car) or levy (seize) the funds in your bank account. If you have no assets, that is fine, but if you have assets, then you had better fill out that form.
I recommend strongly that you get legal help in filling out the form from me or another lawyer. I charge $50 to review your form and discuss it with you. If interested, please contact me at [email protected].
You also need to think about resolving your debt by some means. Maybe bankruptcy is the answer and maybe not. If you are interested in resolving your debt in a non-bankruptcy context, I also can assist with that for a reasonable fee.