NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS

AOC-CV-421 — Claim of Exemption from Execution

Select your exemptions below and download a verified Claim of Exemption PDF. G.S. 1C-1601. Free. No account required.
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DEADLINE: You must file this claim within 20 days of receiving the Notice of Right to Claim Exemptions (AOC-CV-422).
01 DEBTOR / FILER INFORMATION
IF REPRESENTED BY COUNSEL (leave blank if filing pro se)
02 CASE INFORMATION
03 EXEMPTIONS CLAIMED — CHECK ALL THAT APPLY
HOMESTEAD G.S. 1C-1601(a)(1) Real property / mobile home used as principal residence — max $35,000.00
MOTOR VEHICLE G.S. 1C-1601(a)(2) One motor vehicle — max $3,500.00
PERSONAL PROPERTY G.S. 1C-1601(a)(3) Household furnishings, clothing, appliances, books, animals, crops — max $5,000.00
WILDCARD / RESIDUAL G.S. 1C-1601(a)(2) residual Unused portion of homestead exemption applied to any property — max $5,000.00
RETIREMENT ACCOUNTS G.S. 1C-1601(a)(9) / ERISA / IRC § 408 ERISA-qualified plans, IRAs, 401(k)s, 403(b)s — generally unlimited
LIFE INSURANCE G.S. 58-58-115 / G.S. 1C-1601(a)(6) Life insurance proceeds and cash surrender value — statutory exemption
DISABILITY BENEFITS G.S. 1C-1601(a)(6) Short-term and long-term disability benefit payments — statutory exemption
SOCIAL SECURITY / SSI BENEFITS 42 U.S.C. § 407 / G.S. 1C-1601(a)(6) Social Security retirement, disability (SSDI), and SSI benefits — federal exemption
WORKERS' COMPENSATION BENEFITS G.S. 97-21 / G.S. 1C-1601(a)(6) Workers' compensation payments and medical benefits — statutory exemption
WAGES (LAST 60 DAYS) G.S. 1C-1601(a)(8) Wages, salary, and commissions earned within 60 days before levy — statutory exemption
04 VERIFICATION
By generating this document, the Judgment Debtor certifies and verifies, under penalty of perjury under the laws of North Carolina, that the property described above is owned by the Judgment Debtor, that the estimated values are accurate to the best of the Debtor's knowledge, and that the Debtor is entitled to claim the exemptions listed above pursuant to G.S. 1C-1601.
SELECTED COUNTY
— Select above —

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STATUTORY REFERENCE

G.S. 1C-1601Debtor's exemptions
G.S. 1C-1601(a)(1)Homestead $35,000
G.S. 1C-1601(a)(2)Motor vehicle $3,500
G.S. 1C-1601(a)(3)Personal property $5K
G.S. 1C-1601(a)(8)Wages — 60 days
G.S. 1C-1601(a)(9)Retirement accounts

NC EXEMPTION AMOUNTS (2023)

  • Homestead: $35,000 (real property or mobile home used as residence)
  • Motor vehicle: $3,500 (one vehicle)
  • Personal property: $5,000 (household goods, clothing, appliances)
  • Wildcard: $5,000 of unused homestead allowance applied to any property
  • Married couples may each claim — potentially doubling amounts
  • Amounts updated 2023; verify current figures with the Clerk

FILING DEADLINE & PROCEDURE

  • File within 20 days of receiving CV-422 (Notice of Right to Claim Exemptions)
  • File with the Clerk of Court in the county where the case is pending
  • Keep a copy for your records; ask Clerk to file-stamp your copy
  • After filing, the creditor has 10 days to object to your claimed exemptions
  • If no objection is filed, the Sheriff must release the exempted property

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