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Paying a small claim

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mspropeller

Junior Member
What is the name of your state (only U.S. law)? North Carolina

If I have been served with "Notice of Right to Have Exemptions Designated" papers, but have made a payment to the clerk of court on the matter, do I still need to file these papers?
 


latigo

Senior Member
You are looking at form AOC-CV-415, which is self-explanatory.

If you’ll read the first paragraph carefully you will see that it is only necessary to complete and file the form with the clerk and mail a copy to the judgment creditor IF you wish to claim your rights to property exempt from execution under North Carolina law.

If you have paid the judgment or intend to, there is no reason to do so.

But I’m curious as to why you sent money to the clerk and not the judgment creditor. If that is the way judgments are collected in your state, the legislature has unduly burdened their court system.
 

mspropeller

Junior Member
I have form AOC-CV-406 and AOC-CV-407.

The company that I am having to deal with plainly lied in court and lied to me during the process of remodeling my kitchen. Other customers took them to court for the same reasons and the customer's won their cases. But the magistrate in my county didn't seem to see things like the other courts. So now they want money for a job that was not finished.

Any monies paid should be paid to the "Clerk of Court's" office.

Since the company is so crooked, plus they have even changed their name because of all the court problems, I would feel better knowing that someone else is over seeing the money.

I just can't get a straight answer from any attorney's about filing the papers or not since a payment has already been paid. I just keep being told, "well they already have a lien against your property".
 

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