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There are certain properties that are exempted from being seized or taken away by debt collectors or creditors in all states. However, the laws on exemptions may differ from one state to the other. Therefore, every individual should verify with their respective state laws in order to seek the correct information on this subject matter. Below are answers to few of the more common legal questions about exempt property: I want to release a property from a judgment from CITI bank for which I need to fill out the motion to exempt property. I live in Wake County, North Carolina.
In order to get an idea on how to fill out the motion to exempt property, you could visit the court clerk’s office and request them to provide you with the motion to exempt forms that have already been filled out. This would serve as examples on how you can attempt to fill out the forms. Usually, it should not be a problem if you want to view these forms as they are public record and therefore, the clerk should not have any issue in allowing you to look at them. You may find some of the clerks to be very cooperative, while others may prefer to not help. When you are looking at these forms, what you would need to do is make a list of the items that you would want to discharge. Normally, these forms are not very complicated rather easy to understand and follow. However, despite being self explanatory, if you still need further assistance in filling out these forms, you can always seek the help of a lawyer who can be there with you for about an hour and explain in detail how to fill out the form. The lawyer might charge you a consultation fee against the service. In case, you would like to speak to a lawyer, you should carry all your financial documents, records and tax returns. We have a property that was discharged in a bankruptcy. However, if we try to sell the discharged property do we have to bear any trouble especially if there is already a judgment against my husband? Basically, we would like to have this issue resolved before we get our loan. However, there is no record of that judgment on file. What are our options in this case?
In this case, there should not be any lien on your property and it would continue to be a discharged property. Moreover, you should be able to have the title of the discharged property on your name, since there is no mention about your name on the judgment that has been filed against your husband. However, it is very essential for you to speak with your bankruptcy lawyer regarding this matter, before you go for any settlements. This is because the lawyer might approach this issue in a different way in order to deal with the judgment. A law firm has handed me over the papers on the motion to exempt property. Now, I want to fill out those papers in order to claim release on the property and I would like to ensure that I fill those out in the correct manner.
Usually, when a particular property is being declared as a discharged property, it means that the items that have been listed on that property cannot be seized for the payment of debts by a creditor or any person for that matter, even if they are pressing charges against you or suing you. Therefore, if you want to proceed in a proper way, the first thing that you would need to take care of is itemize your assets. However, while you do this, you must make sure that you take the help of a lawyer. This is because the lawyer would help you to decide what items should be listed as exempt according to the North Carolina Law. On many occasions, it is possible that you may claim for a release on all of your assets and property. This would prevent your creditors or debt collectors to have a claim on that property of yours to pay their own debts. Many people are not very acquainted with this concept. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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