How Can A Claim For Exemptions Help Me?

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What Is A Claim For Exemptions?

A Claim for Exemption is a legal paper which stops your creditor from taking some or all of your property to pay your bill.

How Can A Creditor Take My Property To Pay A Bill?

When you owe someone money, that person may go to court and get a judgment.
After a creditor gets a judgment, the judgment creditor may execute upon a debtor's property by obtaining an Order of Execution from the clerk of court.
The Order of Execution gives the sheriff the power and authority to levy upon a debtor's property to satisfy the creditor's judgment.
Sheriff must serve you with an Execution and Notice of Levy.
10 days after you receive the Notice of Levy, the Sheriff can take your property and sell it to pay the bill.

How Do I Stop The Sheriff From Selling My Property?

You must file a Claim for Exemption with the sheriff's office right away.

When Must You File the Claim For Exemption?

You must file a Claim for Exemption within ten days from the date you receive a Notice of Levy.

What Property Is Protected?

The Claim of Exemption protects:

A motor vehicle up to a value of $1,200 in equity (value minus any money still owed);
Certain pensions, annuities, retirement, and insurance plans/policies/benefits;
Social Security, Veterans Disability, and TANF benefits
Unemployment benefits if not mixed with other funds
$2,500 in other property if you are a single person
$5,000 in other property if you are head of a household
$7,500 in other property if you don't own a homestead.

Property which is always exempt, even when unclaimed:

Your homestead up to a value of $80,000 in equity (value minus any money still owed)A trailer house or mobile home, if you are living in it;
Crops and grains (within limits and with restrictions);
All clothing, family pictures, burial lots, and books up to $100

Note: Creditors with a lien, mortgage, or secured interest can take certain property.Your creditor may take more income and property when the judgment is for child support.

How Do I Estimate The Value of My Personal Property?

The protected value is the price you can get if you were to sell the items, not what you paid and not their replacement cost.

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

Published by Legal Services of North Dakota
Revised April 2008
NDCC 28-22