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Motion To Claim Exempt Property Statutory Exemptions CV-415 - North Carolina

Motion To Claim Exempt Property Statutory Exemptions Form. This is a North Carolina form and can be used in Civil Statewide .
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(TYPE OR PRINT IN BLACK INK) File No. Judgment Docket Book And Page No. Abstract No. STATE OF NORTH CAROLINA County Date Judgment Filed In The General Court Of Justice District Superior Court Division Name Of Judgment Creditor (Plaintiff) VERSUS Name Of Judgment Debtor (Defendant) MOTION TO CLAIM EXEMPT PROPERTY (STATUTORY EXEMPTIONS) (Use if judgment filed after 1/1/06) G.S. 1C-1603(c) NOTE TO JUDGMENT DEBTOR: The Clerk of Superior Court cannot fill out this form for you. If you need assistance, you should talk with an attorney. THERE ARE CERTAIN EXEMPTIONS UNDER STATE AND FEDERAL LAW THAT YOU ARE ENTITLED TO CLAIM IN ADDITION TO THE EXEMPTIONS LISTED BELOW. These exemptions may include social security, unemployment, and workers' compensation benefits and earnings for your personal services rendered within the last 60 days. There is available to you a prompt procedure for challenging an attachment or levy on your property. You must pay $20 to the Clerk of Superior Court to file this document. Payment can be made in cash, cashier's check or money order. If you cannot afford to pay this fee you can apply to the Clerk to file as an indigent by completing form "PETITION TO SUE/APPEAL/FILE MOTIONS" AOC-G-106. I, the undersigned, move to set aside the property claimed below as exempt. 1. I am a citizen and resident of 2. a. I am married to b. I am not married. 3. My current address is 4. The following persons are dependent on me for support: Name(s) Of Person(s) Dependent On Me Age . . . 5. I wish to claim as exempt (keep from being taken) my interest in the following real or personal property, or in a cooperative that owns property, that I use as a residence. I also wish to claim my interest in the following burial plots for myself or my dependents. I understand that my total interest claimed in the residence and burial plots may not exceed $35,000.00 except that if I am unmarried and am 65 years of age or older, I am entitled to claim a total exemption in the residence and burial plots not to exceed $60,000.00 so long as the property was previously owned by me as a tenant by the entireties or as a joint tenant with rights of survivorship, and the former co-owner of the property is deceased. Street Address Of Residence County Where Property Located Township No. By Which Tax Assessor Identifies Property Legal Description (Attach a copy of your deed or other instrument of conveyance or describe property in as much detail as possible. Attach additional sheets if necessary.) I am unmarried and 65 years of age or older and this property was previously owned by me as a tenant by entireties or as a joint tenant with rights of survivorship and the former co-owner of the property is deceased. Name(s) Of Owner(s) Of Record Of Residence Estimated Value Of Residence (What You Think You Could Sell It For) $ AOC-CV-415, Page 1 of 4, Rev. 8/11 © 2011 Administrative Office of the Courts (Over) American LegalNet, Inc. www.FormsWorkFlow.com Amount Of Lien(s) And Name(s) And Address(es) Of Lienholder(s): (How much money is owed on the property and to whom) Current Amount Owed $ $ Location Of Burial Plots Claimed Value Of Burial Plots Claimed $ 6. I wish to claim the following personal property consisting of household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments as exempt from the claims of my creditors (in other words, keep them from being taken from me). These items of personal property are held primarily for my personal, family or household use. I understand that I am entitled to personal property worth the sum of $5.000.00. I understand I am also entitled to an additional $1,000.00 for each person dependent upon me for support, but not to exceed $4,000.00 for dependents. I further understand that I am entitled to this amount after deducting from the value of the property the amount of any valid lien or security interest. Property purchased within ninety (90) days of this proceeding may not be exempt. (Some examples of household goods would be TV, appliances, furniture, clothing, radios, record players.) Fair Market Value Item Of Property (What You Could Sell It For) Amount Of Lien Or Security Interest (Amount Owed On Property) Value Of Debtor's (Defendant's) Interest Name(s) Of Lienholder(s) (To Whom Money Is Owed) (Fair Market Value Less Amount Owed) $ $ $ $ $ $ $ $ $ 7. I wish to claim my interest in the following motor vehicle as exempt from the claims of my creditors. I understand that I am entitled to my interest in one motor vehicle worth the sum of $3,500.00 after deduction of any valid liens or security interests. I understand that a motor vehicle purchased within ninety (90) days of this proceeding may not be exempt. Make And Model Year Name Of Title Owner Of Record Fair Market Value (What You Could Sell It For) Name Of Lienholder(s) Of Record (Person(s) To Whom Money Is Owed) $ Amount Of Liens (Amount Owed) Value Of Debtor's (Defendant's) Interest (Fair Market Value Less Amount Owed) $ $ 8. (This item is to claim any other property you own that you wish to exempt.) I wish to claim the following property as exempt because I claimed residential real or personal property as exempt that is worth less than $35,000.00, or I made no claim for a residential exemption under section (5) above. I understand that I am entitled to an exemption of up to $5,000.00 on any property only if I made no claim under section (5) or a claim that was less than $35,000.00 under Section (5). I understand that I am entitled to claim any unused amount that I was permitted to take under section (5) up to a maximum of $5,000.00 in any property. (Examples: If you claim $34,000 under section (5), $1,000 allowed here; if you claim $30,000 under section (5), $5,000 allowed here; if you claim $35,000 under section (5), no claim allowed here.) I further understand that the amount of my claim under this section is after the deduction from the value of this property of the amount of any valid lien or security interests and that tangible personal property purchased within ninety (90) days of this proceeding may not be exempt. Item Of Personal Property Claimed Fair Market Value Amount Of Lien(s) Name(s) Of Lienholder(s) Value Of Debtor's (Defendant's) Interest $ $ $ $ $ $ $ $ $ $ $ $ Real Property Claimed (I understand that if I wish to claim more than one parcel, I must attach additional pages setting forth the following information for each parcel claimed as exempt.)
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