Legal Question in Credit and Debt Law in North Carolina

writ of execution

I have not formally been served with a writ. A credit card company received a judgement for approximately $8,000.00. I did attend the hearing and advised them of my financial situation. I am a singly mother of 3 and tried to make payment arrangments that were declined after the judgment. They wanted almost $350.00 per month and I could not afford that. The letter states they ''may'' pursue a writ of execution. My question is I am divorced and my vehicle is paid for. This vehicle is in my exhusband and my name. He was making the payments. It has not been retitled due to the loan just being satisfied. I owe my ex money as well. Can the writ be used to take this vehicle since it is not titled only to me? The judgment is against me alone.


Asked on 3/13/08, 10:10 pm

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: writ of execution

Before they execute, they do need to send you a Notice of Rights. This allows you to claim exemptions. Please make sure you fill out this form within 20 days and file it with the Clerk. Also, send a copy to the Creditor's attorney. You have certain exemptions which could prevent them from taking your assets.

For instance you are allowed a $3,500.00 exemption for a motor vehicle. If you only own 50%, then I think you would be okay if the car is worth $7,000.00 or less because you would put down that your interest is 50%. I think you can claim up to an additional $5,000.00 in exemptions if you don't own any real property or claim less than $18,500.00 in exemptions for real property. If you need help filling out the form, see a Legal Services Program in your county.

Read more
Answered on 3/14/08, 8:58 am


Related Questions & Answers

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