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North Carolina- Notice of Execution


ncgirl
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I have a 2009 judgement from Orange County NC. I filled out my exemptions in a timely manner and all of my property was exempt at the time. NC is also a no wage garnishment state for this type of debt. I might have some non exempt equity in my vehicle at this moment, not much though. The judgement is for about 7k or so if it matters. Anyway, my exemptions were filed that same year. I work out of state and don't spend much time in NC. This week I received the following letter:

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Sheriff's Notice of Execution

Respond to this notice at one of the above listed phone numbers as soon as possible

Defendant Name: My Name

This letter is to inform you that the Sheriff of Orange County has received a writ of execution for the collection of a money judgement against you as named n the attached document (no document was attached to this letter!?). The judgement requires payment of the full amount as listed in the writ plus interest and Sheriffs' commission.

You may contact me at the Sheriff's Office between 8am and 5pm Monday through Friday. In the event you are unable to call or come to the Sheriff's office, I will either come to your home or place of employment to serve you (I currently live and work in NY).

If financial arrangements are not made it will be necessary to start proceedings to seize and sell personal and or real property to satisfy the judgement. Please keep in mind this judgement must be paid in full by order of the Court.

Make all payments by cash or certified check payable to the Sheriff of Orange County. Do not fill n the total amount you owe until you have spoken to me, as interest and commission will affect the total amount due.

Do not delay in contacting me, time costs you money.

Writ of executions GS 1-131(1); 1C, Art 16

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Ok, so I'm not entirely sure what to do here. I know that they can serve you by mail of all else fails, but they already have my exemptions. So if they have found something they can seize (there isn't anything) why even send me this letter? I don't really mind filling out another exemptions form, but do I need to?

Edited by ncgirl
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Yes - just to CYA...

Do you maintain a bank account in NC? If you don't then I would not worry.

You mentioned you work in NY...they may be trying to garnish your wages since I believe NY allows for wage garnishment - however, they'd have to domesticate the judgment to NY in order to do so...

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This looks like its from the sheriff's office not a creditor. So there really isn't any "scare tactic" left. They have judgment- now they want payment.

You claim everything is exempt. Did you proactively claim everything is exempt? In my state, the sheriff comes out and executes the writ of levy of personal property. You then must file an objection, pay $15, show up in court within 72 hours, and get in front of the judge and remove the listed items from the levy order one by one.

So for example: vehicle exemption is $1500. Your vehicle is worth $1200. Your vehicle gets a large orange tag on it by the sheriff disallowing you to operate it until it is towed away to auction. You must file an objection to levy, pay the $15, go in front of the judge, and then claim that your vehicle is worth $1200 which is within the state exemption amount. The judge will then remove the vehicle from the levy order. Then onto the next listed item...

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