While many collections lawsuits only have a single defendant and result in a judgment against only one person, some collections lawsuits proceed against multiple defendants and result in a judgment jointly against multiple people. In the collections realm, two common joint judgments are judgments against both husband and wife and judgments against both corporation and owner.
A frequent point of confusion relates to what is happening when a deputy sheriff comes back seeking to execute on property after an exemption order has been obtained following a notice of right to have exemptions designated.
In short, yes. A motion to designate exemptions and the ensuing order designating exemptions is limited in scope. The same person might have to file several motions over time for any given judgment, and separately for separate judgments.
In the process of post-judgment collection against an individual in North Carolina, the individual collections defendant is served a notice of their right to have designated certain property as exempt, preventing the creditor from selling that property to satisfy the judgment. Elsewhere on this blog, I discussed the basics of Notice of Right to Have Exemptions Designated in greater detail. In this post, I clarify a common point of confusion regarding the dates on the notice form.
A deputy sheriff has come knocking with a Notice of Right to Have Exemptions Designated. What does this mean, and what do you do? This post discusses the basics of claiming exemptions under North Carolina state law.
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