Judgement Exemptions

[Tammy75]

What is the name of your state (only U.S. law)? NC

My husband had a judgement renewed from Ford Motor Credit last year. (Ex wife did a voluntary repo in 2005--never notified Husband that she had been served at her home etc. never knew that a judgment was filed in 2006) Ex wife never said anything back then and let Husband know original paperwork was sent to his former residence.

Today we saw a sticky note notification on one of our doors that we never use that the Sheriff's dept was trying to serve paperwork on 11/14. Apparently the Sheriffs Dept returned the paperwork back to who I assume is FMC or their attorney on 11/16 and it was exemption notice.

Nothing is in Husband's name except his and exwifes home (jointly deeded), which has about 20K in equity, and our home which has maybe 2K in equality (jointly deeded in mine and his name). I know he can get an exemption for XXXXX amount of equality in home so should he contact the attorney that represented FMC now or is it too late?

 

[latigo]

What is the name of your state (only U.S. law)? NC

My husband had a judgement renewed from Ford Motor Credit last year. (Ex wife did a voluntary repo in 2005--never notified Husband that she had been served at her home etc. never knew that a judgment was filed in 2006) Ex wife never said anything back then and let Husband know original paperwork was sent to his former residence.

Today we saw a sticky note notification on one of our doors that we never use that the Sheriff's dept was trying to serve paperwork on 11/14. Apparently the Sheriffs Dept returned the paperwork back to who I assume is FMC or their attorney on 11/16 and it was exemption notice.

Nothing is in Husband's name except his and exwifes home (jointly deeded), which has about 20K in equity, and our home which has maybe 2K in equality (jointly deeded in mine and his name). I know he can get an exemption for XXXXX amount of equality in home so should he contact the attorney that represented FMC now or is it too late?

I trust you are not mistakenly thinking that he can claim a homestead exemption on a home that is not his primary residence.

 

[Tammy75]

I trust you are not mistakenly thinking that he can claim a homestead exemption on a home that is not his primary residence.

NO! I was including it for as much overall info as I could.

I don't want any liens put on his ex wife's home but mostly don't want any liens put on MY house.

Should he call the attorney that handled the renewal for FMC?

 

[latigo]

NO! I was including it for as much overall info as I could.

I don't want any liens put on his ex wife's home but mostly don't want any liens put on MY house.

Should he call the attorney that handled the renewal for FMC?

No, of course not. Why would he be seeking legal advice from his enemy?

He calls his attorney! Which should have been done immediately upon finding the greetings from the sheriff's office.

Liens? I don't know why it suddenly isn't "ours" but you can rest assured that there is already a lien on "your" house. (See North Carolina General Statutes Section 1-234 "Judgment Liens".)

And if his "ex-wife's home" is in North Carolina, it also is likely subject to the lien of the judgment in favor of Ford Motor Credit.