COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index judgment, he or she Before a judgment creditor/plaintiff may issue execution to collect theNo. must first serve on the judgment debtor/defendant Notice of Right to Have Exemptions : Calendar Designated. This means that the judgment debtor/defendant has the right to No. aside certain real set and personal property from collection by the judgment creditor/plaintiff. To do this, the judgment : JUDICIAL SUBPOENA Plaintiff(s) debtor/defendant must fill out the Motion to Claim Exempt Property and file it with the Clerk of : Superior Court (Judgment-againstDepartment, Room 211) and send a copy to the judgment creditor/plaintiff. : NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED (AOC-CV-406) : 1. Complete all of the information on this Notice including the case number and Judgment Defendant(s) Docket Book and Page. The address of the Clerk of Superior Court is P.O. Box 37971, : ...................................................... Charlotte, NC 28237-7971. 2. Each judgment debtor/defendant (even if joint debtors) must be served separately, so fill out one set of forms for each judgment debtor/defendant. THE PEOPLE OF THE STATE OF NEW YORK 3. Prepare one original and one copy of the Notice of Right to Have Exemptions Designated for each judgment debtor/defendant. An Assistant or Deputy Clerk of Superior Court TO must sign the Notices. MOTION TO CLAIM EXEMPT PROPERTY (AOC-CV-407) 1. This is GREETINGS: what the judgment debtor/defendant fills out to claim their exemptions. Two (2) copies are to be served on each judgment debtor/defendant with the Notice of Right to WE Exemptions YOU, that all Have COMMAND Designated. business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 2. Complete only the top portion--name, address, case number, and docket number. located at County of 3. in roomJudgment ,debtor/defendantof 20 days after service (23 days if served by mail) toand at any recessed on the day has , 20 , at o'clock in the noon, file the Motion to Claim Exemption Property. witness in this action on the part of the or adjourned date, to testify and give evidence as aOne copy is sent to the Clerk of Superior Court (Judgment Department, Room 211) and one copy to the judgment creditor/plaintiff. SERVICE Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Instructions for service on the judgment debtor/defendant are on the back of the Notice of the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Right to your failure to comply. result of Have Exemptions Designated. Service by the Sheriff costs $5.00 per judgment debtor/defendant. , one of the Justices of the ORDER Witness, Honorable EXEMPT PROPERTY DESIGNATING Court in County, day of , to 1. If the judgment debtor/defendant files the Motion 20 Claim Exempt Property to claim exemptions, prepare the Order according to the information of judgment debtor’s/defendant’s Motion to ClaimExempt Property. (Attorney must sign above and type name below) 2. Present the Order Designating Exempt Property to the Clerk of Superior Court’s Office (Judgment Department, Room 211) for signature and filing. Prepare the original and at least two (2) copies. Mail one (1) copy to the judgment debtor/defendant. You may not Attorney(s) for seek execution. 3. If the judgment debtor/defendant fails to respond to the Notice of Right to Have Exemptions Designated, he or she has waived exemptions. No order needs to be entered. Execution may be issued. Office and P.O. Address THE CLERK OF SUPERIOR COURT’S EMPLOYEES CANNOT HELP YOU FILL OUT THESE FORMS. IF YOU NEED HELP YOU WILL NEED TO CONSULT AN Telephone No.: ATTORNEY. PLEASE DO NOT SIGN OR DATE THESE FORMS. MCSC-JM-007 09/99 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com