State of North Carolina Garnishment Law
North Carolina law permits two general types of garnishments. A creditor is able to garnish a bank account of a debtor. Additionally, a creditor can garnish wages of a debtor in certain circumstances. Before pursuing a garnishment, a creditor must understand the basic provisions of North Carolina garnishment law.
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Function
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The primary function of a garnishment in North Carolina is to permit certain creditors the ability to collect money due to them in a judgment obtained in court. A judgment is required before a creditor legally pursues a garnishment of a defendant-debtor's bank account or wages.
Wage Garnishment Limitations
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North Carolina law is restrictive in regard to the garnishment of bank accounts. Only certain types of creditors can legally garnish a debtor's bank account in North Carolina. The only types of debts that can be satisfied through a bank account garnishment are child support, alimony, taxes, student loans and, in some counties, payment for ambulance services. Other types of personal debts, including car loans and credit cards, cannot be collected through wage garnishment, according to the North Carolina Department of Labor.
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Bank Account Garnishments
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North Carolina law does not place types of restrictions applied to wage garnishments on bank account garnishments. Provided a creditor obtains a valid judgment, that individual or business is able to seek a garnishment order on a debtor's bank account.
Time Frame
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A creditor may need to request multiple garnishment orders depending on the amount of money due and owing from a creditor. However, there is no restriction on the amount of time a creditor can continue a garnishment process against a debtor's wages or bank account. If otherwise permitted by North Carolina law, a creditor can continue to garnish a debtor until a judgment is paid in full.
Expert Assistance
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Ensuring compliance with North Carolina garnishment law is essential for a creditor. Additionally, there are defenses available to debtors when it comes to wage or bank account garnishments. Protecting these interests oftentimes is best accomplished through experienced legal representation. The North Carolina Bar Association maintains a directory of attorneys in different practice areas. Contact the organization at:
North Carolina Bar Association
8000 Weston Pkwy.
Cary, NC 27513
919-677-0561
800-662-7407
ncbar.org
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References
Resources
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