Bill Text: NC S773 | 2013-2014 | Regular Session | Amended
Bill Title: Implement GSC Recommendations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-08-06 - Ch. SL 2014-107 [S773 Detail]
Download: North_Carolina-2013-S773-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 2
SENATE BILL 773*
Judiciary I Committee Substitute Adopted 6/26/14
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Short Title: Implement GSC Recommendations. |
(Public) |
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Sponsors: |
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Referred to: |
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May 19, 2014
A BILL TO BE ENTITLED
AN ACT to implement the recommendations of the general statutes commission to modify the slayer statute due to the need to account for property held in a joint tenancy in unequal shares, to clarify the provisions for filing certified copies of probated wills in other counties where a decedent has real property, AND to delete the statutory forms for judgment debtors claiming exemptions under G.S. 1C‑1601 because the Administrative Office of the Courts already has widely used forms for that purpose, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
part I. Modification of slayer statute
SECTION 1.1. G.S. 31A‑6 reads as rewritten:
"§ 31A‑6. Survivorship property.
(a) Where the slayer and the decedent hold property
with right of survivorship as joint tenants, joint owners, joint obligees or otherwise,
otherwise, the following apply:
(1) the The decedent's share thereof
shall passpasses immediately upon the death of the decedent to
his estate, decedent's death to the decedent's estate.
(2) and theThe slayer's share
shall be held by the slayer during his lifetimefor life and at his
the slayer's death shall pass to the estate of the decedent.
During his lifetime, the slayer shall have the right to the income from his
share of the property subject to the rights of creditors of the slayer.decedent's
estate.
(b) Where three or more persons, including the slayer
and the decedent, hold property with right of survivorship as joint tenants,
joint owners, joint obligees or otherwise, the portion of the decedent's
share which would have accrued to the slayer as a result of the death of the
decedent shall pass to the estate of the decedent. If the slayer becomes the
final survivor, one half of the property then held by the slayer shall pass
immediately to the estate of the decedent, and upon the death of the slayer the
remaining interest of the slayer shall pass to the estate of the decedent.
During his lifetime the slayer shall have the right to the income from his
share of the property subject to the rights of creditors of the slayer.otherwise,
the following apply:
(1) The decedent's share is converted effective upon the decedent's death to that of a tenant in common and passes to the decedent's estate.
(2) The remaining persons, including the slayer, continue to hold their shares with right of survivorship.
(3) If the slayer becomes the final survivor, upon the slayer's death, the slayer's share, which includes the other shares that passed to the slayer as the final survivor, shall pass to the decedent's estate.
(c) During the slayer's lifetime, the slayer shall have the right to the income from the slayer's share, subject to the rights of the slayer's creditors.
(d) Nothing in this section prohibits a partitioning of the property pursuant to Chapter 46 of the General Statutes or severing the joint tenancy in any manner provided by law. Any share taken by the slayer by reason of partition or severance shall be subject to subdivision (3) of subsection (b) of this section."
SECTION 1.2. This Part becomes effective October 1, 2014, and applies to property subject to Article 3 of Chapter 31A of the General Statutes as to decedents dying on or after that date.
part ii. clarify the provisions for filing certified copies of probated wills in other counties where a decedent has real property
SECTION 2.1. G.S. 28A‑2A‑13 reads as rewritten:
"§ 28A‑2A‑13.
Wills filed in clerk's office.office; certified copies filed for real
property in other counties.
(a) All original probated wills shall
remain in the clerk's office,office of the clerk of superior court,
among the public records of the court where the same shall be proved,
and to such wills any person may have access, as to the other records. wills
were probated.
(b) If said a probated will contains
a devise of real estate,devises real property outside said the
county where said will isthe will was probated, then a
copy of the said will, together with the probate of the same,a copy of
the will and a copy of the certificate of probate of the will, certified
under the hand and seal of the clerk of the superior court of said the
county where the will was probated, may be recorded in the book
of wills and filed in the office of the clerk of the superior court of any other
county in the this State in which said land is situated the
real property is situated. The filing of the probated will in the county where
the real property is situated shall have with the same effect as
to passing the title to said real estatefor purposes of G.S. 31‑39(c)
as to the priorities of claims against the real property as if said the
will had originally been probated and filed in said county and the clerk
of the superior court of said last‑mentioned countyin that county
and as if the clerk of superior court of that county had had
jurisdiction to probate the same.will."
SECTION 2.2. G.S. 31‑39(c) reads as rewritten:
"(c) A will duly probated in one county of this
State is not effective to pass title to an interest in real property located in
any other county of this State as against lien creditors or purchasers for
valuable consideration from the intestate heirs at law of a decedent unless a
certified copy of the will is and a certified copy of the certificate
of probate of the will are filed in the office of the clerk of superior
court in the county where the real property lies within the time limitation set
forth in subsection (b) of this section."
SECTION 2.3. This Part becomes effective October 1, 2014, and applies to estates of decedents dying before, on, or after that date.
part III. delete statutory forms in G.S. 1C‑1603
SECTION 3.1. G.S. 1C‑1603 reads as rewritten:
"§ 1C‑1603. Procedure for setting aside exempt property.
(a) Motion or Petition; Notice. –
(1) A judgment debtor may have his exempt property
designated by motion afterAfter judgment has been entered against him.a
judgment debtor, that person's exempt property may be designated by motion.
(2) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1224, s. 10.
(3) The clerk or district court judge may determine that particular property is not exempt even though there has been no proceeding to designate the exemption.
(4) After judgment, except as provided in G.S. 1C‑1603(a)(3)subdivision
(3) of this subsection or when exemptions have already been designated, the
clerk may not issue an execution or writ of possession unless notice from the
court has been served upon the judgment debtor advising the debtor of the
debtor's rights. The judgment creditor shallmust cause the
notice, which shallmust be accompanied by the form for the
statement by the debtor under subsection (c)subsection (c1) of
this section, to be served on the debtor as provided in G.S. 1A‑1,
Rule 4(j)(1). If the judgment debtor cannot be served as provided above,under
G.S. 1A‑1, Rule 4(j)(1), the judgment creditor may serve the
judgment debtor by mailing a copy of the notice to the judgment debtor at the
debtor's last known address. Proof of service by certified or registered mail
or personal service is as provided in G.S. 1A‑1, Rule 4. The
judgment creditor may prove service by mailing to last known address by filing
a certificate that the notice was served indicating the circumstances
warranting the use of such service and the date and address of service.
(5) The Administrative Office of the Courts
must provide a form for the notice from the court required by subdivision (4)
of this subsection. The notice shall be substantially in the following
form:must describe the types of property exempt from execution under State
and federal law. The notice must also inform the debtor that:
a. The judgment debtor has the right to retain an interest in certain property free from collection efforts by the judgment creditor.
b. To preserve that right, the judgment debtor is required to respond to the notice by filing a motion or petition to claim exempt property, including a schedule of assets that are claimed as exempt, no later than 20 days after the debtor receives the notice, and that the judgment debtor must also mail or take a copy to the judgment creditor at the address provided in the notice.
c. The judgment debtor has the option to request a hearing to claim exemptions rather than filing a schedule of assets.
d. The judgment debtor may have exemptions under State and federal law that are in addition to those listed on the form for the debtor's statement that is included with the notice, such as Social Security benefits, unemployment benefits, workers' compensation benefits, and earnings for the debtor's personal services rendered within the last 60 days.
e. There is a procedure for challenging an attachment or levy on the judgment debtor's property.
f. The judgment debtor may wish to consider hiring an attorney.
g. Failure to respond within the required time results in the loss of statutory rights.
NORTH CAROLINA IN
THE GENERAL COURT
____________________ COUNTY OF
JUSTICE DISTRICT
COURT
DIVISION
CvD
______________________________ ) NOTICE
OF
Judgment Creditor ) PETITION
(OR
) MOTION)
TO SET
vs. ) OFF
DEBTOR'S
______________________________ ) EXEMPT
PROPERTY
GREETINGS:
You have been named as a "judgment debtor" in a
proceeding initiated by a "judgment creditor". A "judgment
debtor" is a person who a court has declared owes money to another, the "judgment
creditor". The purpose of this proceeding is to make arrangements to
collect that debt from you personally or from property you own.
It is important that you respond to this notice no later
than 20 days after you receive it because you may lose valuable rights if you
do nothing. You may wish to consider hiring an attorney to help you with this
proceeding to make certain that you receive all the protections to which you
are entitled under the North Carolina Constitution and laws.
NOTICE TO JUDGMENT
DEBTOR:
THERE ARE CERTAIN
EXEMPTIONS UNDER STATE AND FEDERAL LAW THAT YOU ARE ENTITLED TO CLAIM IN
ADDITION TO THE EXEMPTIONS LISTED ON THE "SCHEDULE OF DEBTOR'S PROPERTY
AND REQUEST TO SET ASIDE EXEMPT PROPERTY" THAT IS ENCLOSED WITH THIS
NOTICE.
These exemptions may include social security benefits,
unemployment benefits, 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.
(b) Contents of Motion or Petition. – The motion or petition must:
(1) Name the judgment debtor;
(2) Name the judgment creditors of the debtor insofar as they are known to the movant;
(3) If it is a motion to modify a previously allocated exemption, describe the change of condition (if the movant received notice of the exemption hearing) and the modification desired.
(c) Statement by the Debtor. – When proceedings are
instituted, the judgment debtor shallmust file with the
court a schedule of:
(1) The debtor's assets, including their location;
(2) The debtor's debts and the names and
addresses of the debtor's creditors;
(3) The property that the debtor desires designated as exempt.
The form for the statement shall be substantially as follows:
NORTH CAROLINA IN
THE GENERAL COURT
__________________ COUNTY OF
JUSTICE DISTRICT
COURT
DIVISION
CvD
Judgment Creditor ) SCHEDULE
OF DEBTOR'S
) PROPERTY
vs. ) AND
REQUEST TO
) SET
ASIDE EXEMPT
Judgment Debtor ) PROPERTY
NOTICE TO JUDGMENT
DEBTOR:
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 benefits,
unemployment benefits, 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.
I, ___________, being duly sworn do depose and say:
(fill in your name)
1. That I am a citizen and resident of
____________________________ County,
North Carolina;
2. That I was born on ____________________;
(date of birth)
3. That I am (married to __________________)
(spouse's name)
___________;
(not married)
4. That the following persons live in my household and are
in substantial need of my support:
NAME RELATIONSHIP TO
DEBTOR AGE
_________ __________________________________ ________
_________ __________________________________ ________
_________ __________________________________ ________
_________ __________________________________ ________
(Use additional space, as necessary)
5. That (I own) (I am purchasing) (I rent) (choose one;
mark out the other choices) a (house) (trailer) (apartment) (choose one; mark
out the other choices)
located at
________________________________________________________
which is my residence. (address,
city, zip code)
6. That I (do) (do not) own any other real property. If
other real property is owned, list that property on the following lines; if no
other real property is owned, mark "not applicable" on the first
line.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
7. That the following persons are, so far as I am able to
tell, all of the persons or companies to whom I owe money:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
8. That I wish to claim my interest in the following real
or personal property, or in a cooperative that owns property, that I use as a
residence or my dependent uses 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,
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
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.
I understand that I am not entitled to this exemption if I
take the homestead exemption provided by the Constitution of North Carolina in
other property. I understand that if I wish to claim more than one parcel
exempt I must attach additional pages setting forth the following information
for each parcel claimed exempt.
Property Location:
County _______ Township
_____________________________________________
Street Address
_______________________________________________________
Legal Description:
Number by which county tax assessor
identifies property ______________________
Description (Attach a copy of your
deed or other instrument of conveyance that describes the property and indicate
here: ________ or describe the property in as much detail as possible.
Attach additional sheets if
necessary.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Record Owner(s)
________________________________________________________
______________________________________________________________________
______________________________________________________________________
Estimated Value:
________________________________________________________
Lienholders:
(1) Name ____________________
Current Balance _________________________
Address __________________________________________________________
(2) Name ____________________
Current Balance _________________________
Address __________________________________________________________
(3) Name ____________________
Current Balance _________________________
Address __________________________________________________________
(4) If others, attach additional
pages.
If you are unmarried and 65 years of age or older, specify
which, if any, property listed above was previously owned by you as a tenant by
the entireties or as a joint tenant with rights of survivorship and as to which
the former co‑owner of the property is deceased:
9. That I wish to claim the following life insurance
policies whose sole beneficiaries are (my wife) (my children) (my wife and
children) as exempt:
Name of Insurer Policy Number Face
Value Beneficiary(ies)
_____________ ___________ __________ ___________________
_____________ ___________ __________ ___________________
_____________ ___________ __________ ___________________
10. That I wish to claim the following items of health
care aid necessary for (myself) (my dependents) to work or sustain health:
Item Purpose Person
using item
__________ __________ _________________________
__________ __________ _________________________
__________ __________ _________________________
11. That I wish to claim the following implements,
professional books, or tools (not to exceed $2,000), of my trade or the trade
of my dependent. I understand that such property purchased within 90 days of
this proceeding may not be exempt:
Item Estimated Value
__________ ________________________________
__________ ________________________________
__________ ________________________________
12. That 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. I affirm, that these items of personal property are
held primarily for my personal, family or household use or for such use by my
dependents.
I understand that I am entitled to personal property worth
the sum of $5,000. I understand that I am also entitled to $1,000 for each
person dependent on me for support, but not to exceed $4,000 for dependents. I
further understand that I am entitled to this amount after deduction from the
value of the property the amount of any valid lien or purchase money security
interest and that property purchased within 90 days of this proceeding may not
be exempt.
Item (or class) Amount of Lien Location Estimated
of Property or Security Value
of
Interest Debtor's
Interest
__________ __________ ________ _______________
__________ __________ ________ _______________
__________ __________ ________ _______________
13. That 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 a motor vehicle worth the sum of $3,500 after
deduction of the amount of any valid liens or purchase money security interest.
I understand that a motor vehicle purchased within 90 days of this proceeding
may not be exempt.
Make and Year Name(s)
of Name(s) of Estimated
Model of Title Owner Lien
Holder(s) Value of
Motor Vehicle of Record of
Record Debtor's
Interest
___________ ____ ____________ __________ _______________
14. That I wish to claim as exempt the following
compensation that I received or to which I am entitled for the personal injury
of myself or a person upon whom I was dependent for support, including
compensation from a private disability policy or an annuity, or compensation
that I received for the death of a person upon whom I was dependent for
support. I understand that this compensation is not exempt from claims for
funeral, legal, medical, dental, hospital or health care charges related to the
accident or injury that resulted in the payment of the compensation to me. I
understand that if I wish to claim more than one amount of compensation exempt,
I must attach additional pages setting forth the following information for each
amount of compensation claimed exempt.
(a) amount of compensation
(b) method of payment: lump sum or
installments
(If installments, state amount, frequency and duration of
payments)
(c) name and relationship to debtor of
person(s) injured or killed giving rise to compensation
(d) location/source of compensation if
received in lump or installments, including name and account number of any
disability policy or annuity
(e) unpaid debts arising out of the injury
or death giving rise to compensation
Name and Address Services Rendered Amount
of Debt
________________ ________________ __________________________
________________ ________________ __________________________
15. That 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 or I made no claim for a residential exemption under section
(8) above. I understand that I am entitled to an exemption of up to $5,000 in
any property only if I made no claim under section (8) above or a claim that
was less than $35,000 under section (8) above. I understand that I am entitled
to claim any unused amount that I was permitted to make under section (8) above
up to a maximum of $5,000 in any property. (Examples: (a) if you claim $34,000
under section (8), $1,000 allowed here; (b) if you claim $30,000 under section
(8), $5,000 allowed here; (c) if you claim $35,000 under section (8), 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 purchase money security interests and that tangible personal
property purchased within 90 days of this proceeding may not be exempt.
PERSONAL PROPERTY:
Property Location Amount of Liens Value
of
or Purchase Money Debtor's
Security Interests Interest
_____________
_____________
REAL PROPERTY (I understand that if I wish to claim more than
one parcel exempt, I must attach additional pages setting forth the following
information for each parcel claimed exempt):
Property Location
County _______ Township
_____________________________________________
Street Address
_______________________________________________________
Legal Description:
Number by which county tax assessor
identifies property
____________________________________________________________________
____________________________________________________________________
Description (Attach a copy of your
deed or other instrument of conveyance that describes the property and indicate
here: _____ or describe the property in as much detail as possible.
Attach additional sheets if
necessary.)
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Record Owner(s):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Estimated Value:
Lienholders:
(1) Name ________ Current Balance
_____________________________________
Address
_______________________________________________________________
(2) Name ________ Current Balance
_____________________________________
Address
_______________________________________________________________
(3) Name ________ Current Balance
_____________________________________
Address _______________________________________________________________
(4) If others, attach additional
pages.
16. That I wish to claim as exempt the following
retirement plans that I have that are individual retirement plans as described
in the Internal Revenue Code or that are treated in the same manner as an
individual retirement plan under the Internal Revenue Code, including
individual retirement accounts and Roth retirement accounts as described in
section 408(a) and section 408A of the Internal Revenue Code, individual
retirement annuities as described in section 408(b) of the Internal Revenue
Code, and accounts established as part of a trust described in section 408(c)
of the Internal Revenue Code.
Type of Retirement Account Name of Account Account
Number
______________________ ______________ ___________________
______________________ ______________ ___________________
______________________ ______________ ___________________
17. That I wish to claim as exempt the following funds I
hold in a college savings plan, not to exceed $25,000. I understand that to
qualify for this exemption, the college savings plan must qualify as a college
savings plan under section 529 of the Internal Revenue Code, and the college
savings plan must be for my child and must actually be used for my child's
college or university expenses. I understand I may not exempt any funds I
placed in this account within the preceding 12 months, except to the extent
that any contributions were made in the ordinary course of my financial affairs
and were consistent with my past pattern of contributions.
College Savings Plan Account Number Value Name(s)
of Child(ren) Beneficiaries
_________________ _____________ ____ ____________________________
_________________ _____________ ____ ____________________________
_________________ _____________ ____ ____________________________
18. That I wish to claim as exempt the following
retirement benefits to which I am entitled to under the retirement plans of
other states and governmental units of other states. I understand that these
benefits are exempt only to the extent these benefits are exempt under the laws
of the state or governmental unit under which the benefit plan was established.
State/Government Unit Name of Retirement
Plan Identifying Number
___________________ _____________________ _______________
___________________ _____________________ _______________
___________________ _____________________ _______________
19. That I wish to claim as exempt any alimony, support,
separate maintenance, or child support payments or funds that I have received
or that I am entitled to receive. I understand that these payments are exempt
only to the extent that they are reasonably necessary for my support or for the
support of a person dependent on me for support.
Type of Support Person Paying
Support Amount & Location of Funds
______________ ___________________ ________________________
______________ ___________________ ________________________
______________ ___________________ ________________________
20. That the following is a complete listing of all of my
assets that I have not claimed as exempt under any of the preceding paragraphs:
Item Location Estimated
value
________ ________________ ___________________
________ ________________ ___________________
________ ________________ ___________________
This the ____ day of ____, ____
___________________
Judgment
Debtor
Sworn to and Subscribed before me this ____ day of ____,
____.
________________________________
Notary Public
_____________________________ My Commission Expires: ____
(c1) Form for Debtor's Statement. – The Administrative Office of the Courts must provide a form for a schedule to enable a debtor to claim property as exempt under subsection (c) of this section as well as to list property as exempt under other provisions of State law, the North Carolina Constitution, and federal law.
(d) Notice to Persons Affected. – If the judgment
debtor moves to designate his exemptions, a copy of the motion and
schedule must be served on the judgment creditor as provided in G.S. 1A‑1,
Rule 5.
(e) Procedure for Setting Aside Exempt Property. –
(1) When served with the notice provided in G.S. 1C‑1603(a)(4),under
subdivision (4) of subsection (a) of this section, the judgment debtor may
either file a motion to designate his exemptions with a schedule of
assets or may request, in writing, a hearing before the clerk to claim
exemptions.
(2) If the judgment debtor does not file a motion to
designate exemptions with a schedule of assets within 20 days after notice of his
the debtor's rights was served in accordance with G.S. 1C‑1603(a)(4)
subdivision (4) of subsection (a) of this section, or if he the
debtor does not request a hearing before the clerk within 20 days after
service of the notice of rights and appear at the requested hearing, the
judgment debtor has waived the exemptions provided in this Article and in
Sections 1 and 2 of Article X of the North Carolina Constitution. Upon request
of the judgment creditor, the clerk shallmust issue a writ of
execution or writ of possession.
(3) If the judgment debtor moves to designate his exemptions
by filing a motion and schedule of assets, the judgment creditor is must
be served as provided in G.S. 1C‑1603(d).subsection
(d) of this section.
(4) If the judgment debtor requests a hearing before
the clerk to claim exemptions, the clerk sets must set a hearing
date and gives give notice of the hearing to the judgment debtor
and judgment creditor. At the hearing, the judgment debtor may claim his the
debtor's exemptions.
(5) The judgment creditor has 10 days from the date served with a motion and schedule of assets or from the date of a hearing to claim exemptions to file an objection to the judgment debtor's schedule of exemptions.
(6) If the judgment creditor files no objection to the
schedule filed by the judgment debtor or claimed at the requested hearing, the
clerk shallmust enter an order designating the property allowed
by law and scheduled by the judgment debtor as exempt property. Upon request of
the judgment creditor, the clerk shallmust issue an execution or
writ of possession except for exempt property.
(7) If the judgment creditor objects to the schedule filed or claimed by the judgment debtor, the clerk must place the motion for hearing by the district court judge, without a jury, at the next civil session.
(8) The district court judge must determine the value of the property. The district court judge or the clerk, upon order of the judge, may appoint a qualified person to examine the property and report its value to the judge. Compensation of that person must be advanced by the person requesting the valuation and is a court cost having priority over the claims.
(9) The district court judge must enter an order designating exempt property. Supplemental reports and orders may be filed and entered as necessary to implement the order.
(10) Where the order designating exemptions indicates excess value in exempt property, the clerk, in an execution, may order the sale of property having excess value and appropriate distribution of the proceeds.
(11) The clerk or district court judge may permit a
particular item of property having value in excess of the allowable exemption
to be retained by the judgment debtor upon his the debtor's making
available to judgment creditors money or property not otherwise available to them
in an amount equivalent to the excess value. Priorities of judgment creditors
are the same in the substituted property as they were in the original property.
(12) Appeal from a designation of exempt property by the clerk is to the district court judge. A party has 10 days from the date of entry of an order to appeal. Appeal from a designation of exempt property by a district court judge is to the Court of Appeals. Decisions of the Court of Appeals with regard to questions of valuation of property are final as provided in G.S. 7A‑28. Other questions may be appealed as provided in G.S. 7A‑30 and 7A‑31.
(f) Notation of Order on Judgment Docket. – A
notation of the order setting aside exempt property must be entered by the
clerk of court on the judgment docket opposite the judgment that was the
subject of the enforcement proceeding. If real property located in a county
other than the county in which the judgment was rendered is designated as
exempt and the judgment has already been docketed in that county, the clerk
must send a notice of the designation of exempt property to the county where
the property is located. The clerk of the county where the land is located shallmust
enter a notation of the designation of exempt property on the judgment docket.
If a judgment is docketed in a county where real property is located after that
real property has been designated as exempt, the transcript of judgment must
indicate that the exemptions have been designated. The clerk in the county
receiving the transcript must enter the notation of designation of exempt
property as well as docket the judgment.
(g) Modification. – The judgment debtor's exemption may be modified by motion in the original exemption proceeding by anyone who did not receive notice of the exemption hearing. Also, the debtor's exemption may be modified upon a change of circumstances, by motion in the original exemption proceeding, made by the debtor or anyone interested. A substantial change in value may constitute changed circumstances. Modification may include the substitution of different property for the exempt property.
(h) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1224, s. 14."
SECTION 3.2. This Part becomes effective October 1, 2014. This Part does not affect any debtor's statements issued before that date.
part Iv. effective date
SECTION 4.1. Except as otherwise provided, this act is effective when it becomes law.
