Lenoir, NC asked in Collections for North Carolina

Q: I have received a Notice Of Rights In North Carolina, will I get a visit from Sheriffs that can enter my home?

I have filled out the form, and there is not enough space to list personal property, am I allowed to say in that space "see attachment" and have a a detailed list of my personal belongings and are my son's personal belongings in jeopardy?, I am told horror stories of the local sheriffs department coming in and just taking things out of my home.....will their "visit" be random or announced..I have my son living here that has a heart condition and I fear what that will do to him, do I have any rights this way? Also, how long after the 20 day allowance before they execute seizing what they can get?

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1 Lawyer Answer

Paige Kurtz

Answered
  • Collections Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: You can always attached another list with specific personal items if there is not sufficient room on the form. It can also be described as "household furnishings" "clothing" or the like. Once your Motion to Claim Exempt Property is filed, the clerk will enter and Order on your exemptions. The creditor will then, more than likely, request a Writ of Execution to be issued by the clerk and then sent to the sheriff for you. Each county and creditor will be different as to how long this takes. The sheriff does not have to give notice to you when they will attempt to serve the Writ on you. I have never worked with any deputy that simply comes in the home and removes items.

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