Wake North Carolina Order Designating Exempt Property

State:
North Carolina
County:
Wake
Control #:
NC-CV-409
Format:
PDF
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Description

Order Designating Exempt Property: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


A Wake North Carolina Order Designating Exempt Property is a legal document that outlines the assets and properties considered exempt from being seized or sold to satisfy debts or legal claims. This order is crucial in protecting individuals or businesses from losing essential possessions or funds during a bankruptcy or lawsuit. In Wake North Carolina, there are various types of orders that can designate certain properties as exempt. Each category is designed to protect specific assets based on their importance in supporting individuals or businesses. The following are different types of Wake North Carolina Orders Designating Exempt Property: 1. Homestead Exemption: This type of order safeguards the primary residence of an individual or family, ensuring they can maintain a secure and stable living space. The value of the exempt home varies, with specific limitations and conditions prescribed in the order. 2. Personal Property Exemption: This category covers a wide range of personal belongings necessary for everyday life, such as furniture, appliances, clothing, jewelry, and vehicles. There are monetary limits on the value of each item or the total combined value of all exempt personal property. 3. Tools of Trade Exemption: This order protects the tools, equipment, and instruments necessary for an individual's occupation or trade. It allows individuals to maintain their livelihood by preserving essential resources required to carry out their work effectively. 4. Retirement Account Exemption: This type of exemption safeguards qualified retirement accounts, including 401(k)s, IRAs, pension plans, and other retirement savings. This ensures that individuals can maintain financial security during challenging times while planning for the future. 5. Public Benefits Exemption: This category covers various public assistance benefits, including Social Security, unemployment compensation, workers' compensation, and veterans' benefits. It aims to secure essential funds received for basic needs and support during periods of hardship. 6. Life Insurance Proceeds Exemption: Wake North Carolina recognizes the need for life insurance proceeds to support dependent family members after the death of the policyholder. This exemption ensures that these funds are not subject to seizure, enabling beneficiaries to meet ongoing financial obligations. It is important to note that these exemptions may have specific restrictions, qualifications, or limitations outlined in the Wake North Carolina Order Designating Exempt Property. Each order may have different financial thresholds, varying from case to case. It is advisable to consult with an attorney or legal professional to accurately determine the exempt status of specific properties and ensure compliance with applicable laws.

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FAQ

Property owned as tenants by the entirety is exempt without any equity limit with respect to the debts of one spouse (ex. your spouse has a judgment against her for a credit card debt but you are not listed on the judgment and the property is owned by the entirety).

Yes, a lien may be placed on property that is jointly owned.

All taxable personal property in North Carolina is appraised at its true value in money. The two main exceptions are inventories owned by manufacturers, retailers, wholesalers, and contractors as well as non-business personal property. These types of personal property have been exempted by statute in North Carolina.

The judgment debtor may have exemptions under State and federal law that are in addition to those listed on the form for the debtor's statement that is included with the notice, such as Social Security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services

North Carolina's Homestead Exemption The homestead exemption protects equity in your home. In North Carolina, The homestead exemption protects up to $35,000 in equity of any real or personal property used as a residence. Both spouses must be on the title to double this exemption.

The Writ of Execution (Form AOC-CV-400) is an order from the Clerk of Court (only clerks ? not judges ? may issue these) determining the dollar amount owing on your judgment and commanding the county Sheriff to satisfy that judgment by seizing and selling the debtor's property, subject to any claimed exemptions. Id.

The North Carolina Homestead Exemption (see NCGS §1C-1601(a)(1)) protects up to $35,000 of equity in a home for a single individual or $70,000 of equity for a married couple with a joint creditor. In certain instances, for individuals over the age of 65, this protection may increase to $60,000.

A ?notice of right to have exemptions designated? in North Carolina is a legal document from a creditor who has obtained a judgment against you. This notice of right to have exemptions designated form is sent to you by the judgment creditor requiring you to list all property that you own.

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Sending an email to Wake. Individuals exempt from hunting and fishing license requirements must adhere to designated seasons and limits.Hunting and Trapping. It will preserve our parks and make them a valuable resource now and in the future. For a complete list of exemptions, see G.S. 47E-2. Convenience of the property owner must always be considered. 1. Whether you live in the Appalachian Mountains, the Piedmont Plateau, or the Tidewater area of North Carolina, there's no escaping local property taxes. On March 30, 2021, Governor Roy Cooper signed three Executive Orders. •Record a copy of the order designating exempt property.

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Wake North Carolina Order Designating Exempt Property