Legal Question in Credit and Debt Law in North Carolina

It depends. If a judgment is against one person only, then yes, it can be executed. However, the sheriff can only sell the judgment creditor's 1/2 of the car. Now who wants to buy 1/2 of a car? Not many people. The other factor is the car's worth - a judgment debtor can exempt up to $3,500 of equity in one motor vehicle. In addition, a judgment debtor gets a $5,000 wild card exception which he could apply towards any excess equity in the car. Now, if only one party is a judgment debtor and most or all of the equity in the other half has been exempted, then again, a sale is very unlikely.

The only problem that I can see is that if BOTH owners of the car are judgment debtors on the same judgment. In that case, both can personally exempt up to $3,500 in the car for a total of $7,000. Plus, each gets a wild card of $5,000. Is the car worth more than that? If so, it might be at risk, but you have to see what the car is really worth. Sales by the sheriff don't bring in nearly what the car is worth and there are storage and sale costs and sheriff's fees to be paid by the judgment creditor. Unless you have a valuable car, like a $50,000 Porsche or something, a sale may not be likely.

If you have questions about exemptions, I can review your exemptions and your situation with you for a modest fee. I can go over the exemptions, discussion asset protection strategies and even help resolve the debt. Please contact me at rachelforjustice@hotmail,com.