Methuss

STATE EXEMPTIONS (work in progress)

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NC Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts. Section 1C-1602 of the North Carolina General Statutes permits the election of the exemptions provided under Article X of the North Carolina Constitution or §1C-1601 of the North Carolina General Statutes. Under the constitutional exemption, a debtor's homestead and the dwellings and buildings used therewith, which he uses as a residence, up to a value fixed by the General Assembly but not less than $1,000 may be exempt from sale under execution or other final process obtained on any debt, except that no property may be exempt from sale for taxes, or for payment of obligations contracted for its purchase. The debtor may also be entitled to exemption up to five hundred dollars ($500.00) in value in his personal property. (Article X of the N.C. Constitution.)

The statutory exemptions provided under § 1C-1601 of the North Carolina General Statutes include the debtor and his dependent's aggregate interest or value in real property or personal property used as a residence, or in a burial plot, not to exceed $10,000; any property not to exceed $500, one motor vehicle not to exceed $1,500, household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use up to $3,500 for the debtor plus $750, but not to exceed $3,000 in total, for each dependent, any implements, professional books, or tools of the trade of the debtor or the trade not to exceed $750, life insurance proceeds, professionally prescribed health aids, compensation for personal injury or for death, but such exemption is not exempt from claims for funeral, legal, medical, dental, hospital, and health care charges related to the accident or injury giving rise to the compensation, individual retirement accounts qualified under Section 408(a) of the Internal Revenue Code, individual retirement annuities qualified under Section 408(B) of the Internal Revenue Code, and accounts established as part of a trust described in Section 408© of the Internal Revenue Code.

In a bankruptcy proceeding, the exemptions provided in The Bankruptcy Act, 11 U.S.C. § 522(d), are not applicable to residents of the State of North Carolina. (§ 1C-1601(f).)

The Administrative Office of the Courts (North Carolina Case Law)

See North Carolina General Statutes, as well as later statutory amendments, if any linked here. Please check for any amendments.

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Oregon Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor is entitled to a homestead exemption up to an amount of $25,000 in value for an individual and a combined exemption of $33,000 if two or more members of a household are debtors whose interests in the homestead are subject to execution. The homestead must be the actual abode of and occupied by the owner or the owner's spouse, parent or child. (ORS 23.240.)

Personal property which are exempt from attachment or execution may include books, pictures and musical instruments to the value of $600; wearing apparel, jewelry and other personal items to the value of $1,800; tools, implements, apparatus, team, harness or library, necessary to enable the judgment debtor to carry on the trade, occupation or profession by which the judgment debtor habitually earns a living, to the value of $3,000; a vehicle to the value of $1,700; domestic animals and poultry kept for family use, to the total value of $1,000 and food sufficient to support such animals and poultry for 60 days; household goods, furniture, radios, a television set and utensils all to the total value of $3,000, if the judgment debtor holds the property primarily for the personal, family or household use of the judgment debtor; provisions actually provided for family use and necessary for the support of a householder and family for 60 days and also 60 days' supply of fuel; all professionally prescribed health aids for the debtor or a dependent of the debtor; spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor's right to receive, or property that is traceable to an award under any crime victim reparation law, a payment or payments, not to exceed a total of $10,000, on account of personal bodily injury of the debtor or an individual of whom the debtor is a dependent; and a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; the debtor's interest, not to exceed $400 in value, in any personal property. However, this exemption may not be used to increase the amount of any other exemption. (ORS 23.160.)

Other exemptions may include qualified retirement or pension plans (ORS 23.170, ORS 23.185), vocational rehabilitation benefits (ORS 344.580), veteran benefits (ORS 407.595), welfare benefits (ORS 411.760) and workers' compensation benefits (ORS 656.234).

In a bankruptcy proceeding, residents of the State of Oregon are not permitted to claim the federal exemptions provided in Section 522 (d) of the Bankruptcy Code of 1978 (11 U.S.C. 522 (d)). (ORS 23.305.)

Links to Oregon laws, government agencies, and organizations are included here.

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Anyone have TN exemptions please?

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Judgments and Enforcement:

A judgment entered in a court of the State of Tennessee generally is enforceable for a period of ten (10) years. (28-3-110.) A judgment for an amount over $500.00 may become a lien on the real property of a judgment debtor located at the county in which a certified copy of the judgment is registered. (25-5-101.) A judgment of the Court of General Sessions that is for $500.00 or less may not become a lien on the judgment's debtor's real property except when execution is levied. (16-15-804.)

All judgments of any judicial tribunal for money are enforced by execution. (26-1-103.) If a writ of execution is not issued within a year and a day, the judgment may become dormant but may be revived by motion. However, if the judgment has been dormant for ten years, it may be barred because of the applicable statutes of limitations. (25-4-101, 28-3-110.) Executions may first be levied upon the goods and chattels of the judgment debtor, and then be executed upon the lands and tenements if no goods and chattels are available. (26-3-101.)

The wages of a judgment debtor may be garnished to satisfy a judgment. However, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed twenty-five percent (25%) of his disposable earnings for that week; or the amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less. (26-2-106(a).) If the judgment debtor has dependent children under the age of 16 who are residence of the State of Tennessee, the judgment debtor may further be allowed the sum of $2.50 per child as exemption from such garnishment. (26-2-107(a).)

The State of Tennessee generally does not permit the submission of a judgment of confession by a power of attorney before an action is instituted and before service of process. (25-2-101.)

Foreign Judgment:

The State of Tennessee generally adopts the Uniform Enforcement of Foreign Judgments Act. (26-6-101, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Tennessee. (26-6-103.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. Promptly upon the filing of the foreign judgment and affidavit, the clerk of the court shall issue a summons to be delivered for service to any person authorized to serve process. This person shall serve the summons and the return endorsed thereon shall be proof of the time and manner of service. (26-6-105.) A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court in the State of Tennessee and may be enforced or satisfied in like manner. (26-6-104.)

No execution or other process for enforcement of a foreign judgment may be issued until 30 days after the date a summons is served on the judgment debtor. (26-6-105©.)

Interest:

Legal rate: The legal rate of interest in the State of Tennessee is 10% per annum. (47-14-103(3).)

Written Contract rate: The maximum interest rate permitted on written contract is the applicable "formula rate". (47-14-103(2).) "Formula Rate" is defined under Section 47-14-102(6) of the Tennessee Code as "an annual rate of interest four (4) percentage points above the average prime loan rate (or the average short-term business loan rate, however denominated) for the most recent week for which such an average rate has been published by the board of governors of the Federal Reserve System, or twenty-four percent (24%) per annum, whichever is less.

Judgment rate: The interest rate on a judgment is 10% per annum or the rate set forth in the contract agreed to between the parties so long as it is within the rate permitted under section 47-14-103(2) of the Tennessee Code. (47-14-121.)

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor generally is entitled to a homestead exemption upon real property from execution, attachment, or sale under legal proceedings during his life, to the extent of of $5,000.00 in aggregate value, or $7,500.00 for joint owners, so long as the real property is occupied by the judgment debtor or both joint owners as their residence. If only one joint owner occupied the premises as his residence, the homestead exemption may not exceed $5,000.00. Upon the death of an individual who is head of a family, any such exemption shall inure to the benefit of the surviving spouse and their minor children for as long as the spouse or the minor children use such property as a principal place of residence. (26-2-301(a).)

Personal property which may be exempt from execution, seizure or attachment may include any items of his owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars ($4,000). (26-2-102.) A judgment debtor is entitled to an absolute exemption of all necessary and proper wearing apparel for the actual use of himself and family and the trunks or receptacles necessary to contain same, all family portraits and pictures, and the family Bible and school books. (26-2-103(a).) Other exemptions to which a judgment debtor may be entitled may include state pension funds, retirement funds qualified under §§ 401(a), 403(a), 403(B), and 408 of the federal Internal Revenue Code of 1986, as amended, (26-2-104), accident, health, or disability insurance insuring the assured against loss by reason of accidental personal injuries, or insuring the assured against loss by reason of physical disability resulting from disease (26-2-110), social security benefits, veteran's benefits, disability, illness, or unemployment benefit (26-2-111).

For the purpose of a bankruptcy, the citizens of Tennessee are not authorized to claim as exempt the property described in the Bankruptcy Reform Act of 1978, 11 USC 522 (d) pursuant to section 522 (B) (1), Public Law 95-598 known as the Bankruptcy Reform Act of 1978, Title 11 USC, section 522 (B) (1). (26-2-112.)

Statutes of Limitation:

Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered. When there are mutual accounts between persons who are not merchants, the time is computed from the true date of the last item, unless the account is liquidated and a balance struck. (28-3-112.)

When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows:

Demand notes 10 years 28-3-109©

Contract for Sale 4 year 47-2-725(1)

Gambling loss brought by loser.

Ninety (90) days next after such payment or delivery. 28-3-106(1)

Gambling loss brought for the use of the wife, child or children, or next of kin

Within twelve (12) months from the expiration of the ninety (90) days. 28-3-106(2)

Gambling loss brought by a creditor of the loser.

Within twenty-four (24) months from the end of the ninety (90) days. 28-3-106(3)

Injury to personal property 3 years 28-3-105(1)

Claim for usury 2 years 28-3-107

Actions on contracts not otherwise expressly provided for. 6 years 28-3-109(a)(3)

All other cases not expressly provided for. 10 years 28-3-110(3)

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Again, READ THE THREAD - MO exemptions are on Page 2.

KANSAS

Exemptions:

For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Kansas, a judgment debtor may claim homestead exemption to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, that is occupied as a residence by the owner and his family. Other exemptions include certain public or retirement benefits, and personal property that are necessary to sustain the basic needs of the judgment debtor and his family. Specifics of these exemptions are prescribed under K.S.A. 60-2301 et seq.

In a bankruptcy proceeding, a debtor, who is a resident of Kansas, is not permitted to elect the exemptions provided under federal law (K.S.A. 60-2312) even though the federal exemptions may be more beneficial in his situation, and some other states permit such election. However, such debtor may exempt, in addition to those exemptions provided under Kansas laws, certain property which are permitted under the federal bankruptcy law (11 U.S.C. Section 522).

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Thanks for the info. I am having a difficult time finding anyone in the refi or reverse mtg business that knows anything about Fl 222.01. The form seems pretty straightforward, so I think I can fill it out. The problem is with the paragraph that says you must state the reason for the lien/judgement removal, what financial institution, who is the contact person, and how much is the loan for. I know the obvious answer is to keep looking for someone who does know what's going on; I have talked with 7 financial institutions that all advertise "reverse mtg specialist", but have never heard of this law. I have explained it to them, given web sites, and faxed them copies of the Florida statute...to a person, their response has been "see the tax assessor". Obviously, they don't read the web sites, or study their craft. I guess I'm just looking for suggestions and am beginning to doubt all the research I have done on this subject....I didn't just dream all this did I?

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i did not know how to post a new thread so apology first off this is in reply area. I have not had luck searching web/finding hawaii laws or exemptions. Is there anyone who can help point me in the right direction please?

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Hawaii Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The State of Hawaii permits a judgment debtor to claim homestead exemption up to an amount of $30,000 in one parcel of real property if he is the head of a household or is 65 years of age or older. For a single person, such homestead exemption is $20,000. If the real property is jointly owned by more than one party, only one exemption may be claimed. (HRS 651-92.)

Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Hawaii may include all necessary household furnishings and appliances, books and wearing apparel of the debtor and his family members, jewelry, watches, and items of personal adornment up to an aggregate cash value of $1,000; one motor vehicle up to a value of $1,000 over and above all liens on the vehicle; any combination of tools, implements, instruments, uniforms, furnishing, books, equipment, and any other personal property that are necessary for the debtor's operation of his trade, business, or profession by which he earns his livelihood; one parcel of land, not exceeding 250 sq. ft. in size, in a graveyard; sale proceeds from debtor's property procured six months prior to the execution of the judgment; and wages which were earned within 31 days of the date before the date of the proceeding. (HRS 651-121.)

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WASHINGTON EXEMPTIONS

For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Washington, a homestead consists of real or personal property that the owner uses as a residence (RCW 6.13.010). The homestead exemption amount generally may not exceed the lesser of (1) the total net value of the lands, mobile home, improvements, and other personal property, as described in RCW 6.13.010, or (2) the sum of thirty thousand dollars ($30,000.00) in the case of lands, mobile home, and improvements, or the sum of fifteen thousand dollars ($15,000.00) in the case of other personal property described in RCW 6.13.010.

Personal property which may be exempt from execution, attachment, and garnishment may include wearing apparel of every individual and family, but not to exceed $1,000.00 in value in furs, jewelry, and personal ornaments for any individual, private libraries of every individual, but not to exceed $1,500.00 in value, and all family pictures and keepsakes, household goods, appliances, furniture, and home and yard equipment, not to exceed $2,700.00 in value, cash or bank accounts in an amount not to exceed $100.00, two motor vehicles, farmer's equipment and tools not to exceed $5,000.00 in value, professional library, office furniture, office equipment and supplies, not to exceed $5,000.00 in value, and tools of trade in an amount not to exceed $5,000.00 in value.

Some other personal property exemption may include certain retirement plan benefits, insurance proceeds, public assistance and unemployment benefits. (RCW 6.15.010.)

In a bankruptcy proceeding, personal property exemptions may not be claimed by one spouse that is not a joint case or a joint administration of the estate with the bankruptcy estate of the other spouse where (a) bankruptcy is filed by both spouses within a six-month period, and (B) one spouse exempts property from property of the estate under the bankruptcy exemption provisions of 11 U.S.C. Sec. 522(d). (RCW 6.15.050(7).)

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OKLAHOMA EXEMPTIONS

In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.

A debtor's homestead within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, may consist of not exceeding one (1) acre of land, to be selected by the debtor. To qualify for this exemption, at least 75% of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the debtor's principal residence. If more than 25% of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed Five Thousand Dollars ($5,000.00). (31-2C.) The homestead of a debtor which is not within any city or town, annexed by a city or town on or after November 1, 1997, owned and occupied and used for both residential and commercial agricultural purposes, may consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the debtor. (31-2B.)

Personal property which may be exempt, with or without value limitation, from attachment or execution, by the debtor or his dependent, may include all household and kitchen furniture held primarily for the personal, family or household use; any lot or lots in a cemetery held for the purpose of sepulcher; implements of husbandry necessary to farm the homestead; tools, apparatus and books used in any trade or profession; all books, portraits and pictures that are held primarily for the personal, family or household use; wearing apparel not to exceed $4,000 in aggregate value; professionally prescribed health aids; 5 milk cows and their calves under 6 months old; 100 chickens; 2 horses and 2 bridles and 2 saddles; one motor vehicle not to exceed $3,000 in value; one gun; 10 hogs, 20 head of sheep; all provisions and forage on hand, or growing for home consumption, and for the use of exempt stock for one (1) year; 75% of all current wages or earnings for personal or professional services earned during the last ninety (90) days, except as provided in Title 12 of the Oklahoma Statutes in garnishment proceedings for collection of child support; right to receive alimony, support, separate maintenance or child support payment to the extent reasonably necessary for the support of debtor and his dependent; qualified retirement plans; interest in a claim for personal bodily injury, and death or workers' compensation, for a net amount not to exceed $50,000, but not including any claim for exemplary or punitive damages. (31-1A)

Under the Oklahoma Statutes, no natural person residing in the state may exempt from the property of the estate in any bankruptcy proceeding the property specified in subsection (d) of Section 522 of the Bankruptcy Reform Act of 1978, Public Law 95-598, 11 U.S.C.A. 101 et seq. (31-1B)

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MICHIGAN EXEMPTIONS

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. A judgment debtor is generally entitled to a homestead exemption of not exceeding 40 acres of land and the dwelling house and appurtenances on the homestead in the value not exceeding $3,500. (27A.6021(h).

Some of the personal property which may be exempt from levy and sale under any execution may include all family pictures, all arms and accouterments required by law to be kept by any person, all wearing apparel of every person or family and fuel for comfortable subsistence of each householder and his or her family for six months; all household goods, furniture, utensils, books and appliances, not exceeding in value of $1,000; a seat, pew or slip occupied by the judgment debtor or his family in any house or place of public worship, and all cemeteries, tombs, and rights of burial while in use as repositories of the dead of the judgment debtor or his family; tools, implements, materials, stock, apparatus, team, vehicle, motor vehicle, horses, harness, or other things to enable a person to carry on the profession, trade, occupation or business not exceeding in value of $1,000; any benefits paid for the disability of the judgment debtor; an individual retirement account or individual retirement annuity as defined in section 408 of the Internal Revenue Code; and the right of the judgment debtor's interest in a pension, profit-sharing, stock bonus, or other plan that is qualified under section 401 of the Internal Revenue Code, or an annuity contract under section 403 of the Internal Revenue Code. (MSA 27a.6021.)

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New Jersey

Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in

value, exclusive of wearing apparel, $1,000.00, and all wearing apparel generally are reserved for a judgment debtor's family use before and after death, and are not subject to execution. (Sec. 2A:17-19.) Household goods and furniture not exceeding $1,000.00 in value of a person shall also be exempt from attachment, except for a debt incurred in the purchase thereof. (Sec. 2A:26-4.) In addition, disability benefits, sickness insurance policies, workers' compensation benefits, and retirement benefits are generally exempt from execution. (Sec. 17:18-12, 34:15-29, 43:21-15©, 43:13-9, 37.5.)

The State of New Jersey does not appear to provide a statutory provision for homestead exemption.

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Arizona

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

Any person the age of eighteen or over, married or single, who resides within the state of Arizona, may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred thousand dollars in value, his interest in his dwelling which may include real property, a condominium or cooperative, or a mobile home. Only one homestead exemption may be held by a married couple or a single person under the provisions of Arizona law. (ARS 33-1101, et seq.)

Personal property exemption may include household furniture, furnishings and appliances, the total value of which does not exceed $4,000.00; food, fuel and provisions for the debtor's individual or family use for six months; personal items up to specific values prescribed by law; life insurance proceeds, retirement funds, and tools and equipment used in a commercial activity, and trade, business or profession. Any person the age of eighteen years or over, married or single, who resides within this state and who does not exercise the homestead exemption may claim as a personal property homestead exempt from all process prepaid rent, including security deposits as provided in ARS 33-1321, subsection A, for the claimant's residence, not exceeding the lesser of one thousand dollars or one and one-half months' rent. (ARS 33-1126.)

In a bankruptcy proceeding, debtors domiciled in the State of Arizona are not entitled to the federal exemptions provided in 11 U.S.C. 522 (d). (ARS 33-1133.)

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Another request for VA =)

Thanks

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