Brevard, NC asked in Bankruptcy and Collections for North Carolina

Q: What should I expect when I go to the county sherrif office for a writ of execution? I have no money to pay the judgmen

Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this not concerned with interest because i am debating on claiming bankruptcy in the future. Iwas told I am virtually judgement proof for the time being. What is the creditor/sherrif next move?

Thanks in advance.

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Bankruptcy Lawyer
  • Licensed in North Carolina

A: The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ of Execution "unsatisfied". The Sheriff can keep the Writ open for 90 days, so they may reach out to you again before the 90 days is up to confirm you have no ability to pay.

If you did NOT file a Motion To Claim Exempt Property, you did not claim your exemptions in your house and your car. The Sheriff will explain this to you and typically gives a few weeks for you to figure out what you intend to do and contact an attorney. You should not wait, go ahead and contact a bankruptcy attorney ASAP. If you do not make payment arrangements, it is likely that the Sheriff may take your car and put it up for Sheriff auction. If you want to keep your car, you will need to either reach an agreement on payment or file bankruptcy.

Typically even if exemptions are waived, your house could be safe from the writ of execution, assuming it is jointly titled with someone else or has a mortgage. A consumer bankruptcy attorney can take a closer look at that for you. Many offer free consultations, so if you did not file a Motion To Claim your exempt property, you shoudl consult with one ASAP.

Timothy Denison agrees with this answer

1 user found this answer helpful

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