How to Fill Out the MOTION TO CLAIM EXEMPT PROPERTY (Form AOC-CV-415)

(984) 7NO-DEBT or (984) 766-3328

Important Notice:

My name is Kerry Cameron. I AM NOT AN ATTORNEY, AND THIS PAGE DOES NOT PROVIDE LEGAL ADVICE. I am a bankruptcy paralegal with over 20 years of experience in North Carolina. This guide was created because many clients struggle to fill out the Motion to Claim Exempt Property (Form AOC-CV-415). USING THIS GUIDE DOES NOT MAKE YOU A CLIENT.

First Page

Note that the first page is generally NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED form AOC-CV-406. Make sure all this information is accurate. If it is accurate, you don’t do anything with this form. If it is not accurate, inform the court.

Before You Begin:

This information applies to North Carolina and is current as of April 13, 2025.
You must file your Motion to Claim Exempt Property form within 20 days after receiving it, or a creditor that sued you can take any of your property to satisfy your debt.

You can download a fillable PDF version of Form AOC-CV-415 here: https://CameronBankruptcyLaw.com/wp-content/uploads/2025/04/cv415-en.pdf.

Verify that it’s exactly the same form provided to you (the bottom-left corner should say “AOC-CV-415 Rev. 8/17”). If your form differs, do not use the downloaded PDF. This is just to make filling out the form easier and neater. Always use another page if there is not enough room on this form, and attach it to the form you filled out.

Why Did You Receive This Form?

You received this form because someone sued you in North Carolina, and the court decided you owe them money. (Someone sued you and won.) Now, they want to take your property (bank accounts, wages, car, home, etc.) to pay this debt.

The Creditor (who you owe the money) was supposed to inform you of this lawsuit so you could defend yourself. It is common (but illegal) for creditors not to inform debtors. If the creditor cannot contact you, they can list it in the legal notice section of a newspaper (which no one reads). Anyway, there has already been a court decision, and you lost. Generally, it is not worth the investment to fight it after the court date, although each case is unique. WE WILL NOT FIGHT IT IN COURT FOR YOU.

What Does This Mean?

It means they may be able to garnish your wages, bank account, and tax returns. They can take property away from you to include your car or home if you are buying one or own one.

What Can You Do?

First, it is important to fill out the (NC) AOC-CV-415 form (MOTION TO CLAIM EXEMPT PROPERTY) and follow its instructions within 20 days, or the creditor who won the suit can take any property you own to satisfy the debt owed.

When you are served, generally by a sheriff’s deputy, you will be given 2 forms, although it may look like just one document.

The first is (NC) AOC-CV-406 (NOTICE OF RIGHT TO HAVE EXEMPTIONS DESIGNATED). It is two pages, but you should only get the first page. This is them officially notifying you that they want to take your stuff. There is nothing for you to fill out.

The second is (NC) AOC-CV-415 (MOTION TO CLAIM EXEMPT PROPERTY). This is what you fill out to save your property. You are allowed to keep some property if you file this form within 20 days of being served. If you are late or ignore it, they can take whatever they want. DON’T BE LATE! Follow the instructions.

Why Fill Out Form AOC-CV-415?

This form helps you tell the court about things you own that you don’t want to be taken away by the person or company you owe money to (called the “creditor”). You are allowed to keep some property even if you owe money, and this form protects those things.

What If I Fill It Out & I’m Over The Exemptions Allowed (have too much stuff)?

You can always file for Bankruptcy before anything is taken, but hurry! We recommend Cameron Bankruptcy Law at https://CameronBankruptcyLaw.com – (984) 7NO-DEBT or (984) 766-3328.

What to Do Immediately:

Fill out the Motion to Claim Exempt Property (Form AOC-CV-415) carefully and accurately within 20 days of being served. Failing to respond means you risk losing property you otherwise could keep.

How to Fill Out the Form (Step-by-Step):

Start at the Top (Identification Section)

File Number & Judgment Number:
Copy these exactly from the form you were served. EXACTLY.
Judgment Creditor (Plaintiff):
Copy these exactly from the form you were served. EXACTLY.
Judgment Debtor (Defendant):
Copy these exactly from the form you were served. EXACTLY.
Court Division and County:
Copy these exactly from the form you were served. EXACTLY.
If any of this information is not accurate, notify the court & creditor’s attorney immediately, and you may want to contact a lawyer. We do not handle this type of case, so don’t contact us.

# 1-4 – About You and Your Family

1. Where You Live:
Write your city & state (example: “Raleigh, North Carolina”).

2. Married or Not Married:
Check if you’re currently married or not married. If married, write your spouse’s name. “Separated” is married.

3. Your Address:
Write where you live right now (house number, street, city, state, zip code).

4. Dependents (People You Care For FINANCIALLY):
Write down the names, ages, and relationships of people who depend on you (children, elderly relatives).

#5 – Your Home and Burial Places

This part protects the home you live in and any burial plots (where you or family members will be buried):

You can protect up to $35,000 of value in your home if not using “Tenancy by the Entirety”.
If you’re older than 65, not married, and owned your home with your spouse who passed away, you can protect up to $60,000.
Tenancy by the Entirety is a special form of property ownership available only to married couples in North Carolina.
Here’s how it works:
- 👫 Both spouses legally own the entire property together, and bought it while they were married to each other, and are still married to each other, not just 50/50. Each one has full ownership.
- 🔒 If one spouse is sued or owes money, creditors cannot take the property UNLESS both spouses owe the debt.
- ✍️ Both spouses must agree to sell, refinance, or make big decisions about the property.
- 💍 It automatically happens when a married couple buys property together in North Carolina — unless they choose a different option.
- This type of ownership protects the couple’s home and helps make sure one spouse’s financial trouble doesn’t risk losing the house.

Write:

Your home’s address
County and Township (found on your property tax bill)
Tax ID number (on tax bill)
Description of home (write clearly or attach a copy of your deed)
Value of your home (use https://www.Zillow.com for a good estimate)
Who you owe money to (mortgage) and how much you owe

#6 – Household Stuff

Protect household things you use every day like furniture, clothes, TV, computers, and pets:

You get to protect up to $5,000 worth of items.
You also get an extra $1,000 in protection for each dependent, up to $4,000 more.

For each item:

Write the item name clearly (like “TV,” “Sofa,” “Clothes”).
Value: How much you could sell it for quickly (think yard sale, https://Craigslist.com, or pawn shop prices—NOT what you paid new).
Lien (loan): If you still owe money on it, write the amount owed. If none, put “$0”.
Lienholder: Write who you owe money to (bank, loan company). If none, write “None”.
If you have more stuff than space allows, attach a paper with this information and put “See Attached”.

#7 – Your Car

Protect your main vehicle (car or truck):

You can protect $3,500 of the value left after subtracting loans you owe.

Write down:

Make, model, and year (example: “2012 Toyota Camry”).
Name on car title (usually yours). If this is in someone else’s name and not yours, write N/A for the section.
Car’s value: Use https://JDPower.com/cars/manufacturers to get the exact value.
Lienholder: Name of bank or lender.
How much you owe on the car (lien amount).
If you have more vehicles than space allows, attach a paper with this information and put “See Attached”.

#8 – Other Property (Wildcard)

If you claimed less than $35,000 for your home, or didn’t claim a home at all, or your home is protected by “Tenancy by the Entirety,” you can protect other property up to $5,000. Use this part for extra items that didn’t fit above:

Describe each item clearly.
Value using yard sale/Craigslist prices.
Write any loans or liens clearly, or put “None.”
Often, the “Wild Card” is used to protect vehicles and other property that have too much equity.
If you have more space than allowed, attach a paper with this information and put “See Attached”.

#9-16 – Extra Things You Can Protect

Number 9 (Health Stuff): Wheelchairs, hearing aids, or things needed for medical care.
Number 10 (Tools for Your Job): Tools or books you need to work, up to $2,000.
Number 11 (Life Insurance): List policies that pay money only to your spouse or children.
Number 12 (Injury Money): Money you get because you were hurt or sick (from accidents, insurance, etc.).
Number 13 (Retirement Money): IRAs and retirement accounts—write account numbers and banks clearly.
Number 14 (College Money): Special savings accounts (529 accounts) for college, up to $25,000 per child.
Number 15 (Retirement from Another State): Retirement plans from other states or places you worked.
Number 16 (Child Support & Alimony): Money you get to support your family or yourself.

#17 – Things You Do NOT Protect

Clearly list any property you own but are not claiming as protected. They may take these.

#18 – Sign and Date the Form

Sign your name and date the form.
By signing, you’re saying everything is true.

#19 – Certificate of Service

This tells the court you gave a copy of the form to the creditor:

Check if you gave it to the creditor in person or mailed it (preferably Certified).
Write down the creditor’s (or their attorney’s) name and address clearly. and correctly
Sign again and write your attorney’s phone number and address if you have an attorney to help you – NOT us.. This is not legal advice.

Important Things to Remember:

Property Values:

Real Estate (Your Home): Check https://www.zillow.com/ to find your home’s fair value.
Vehicle: Check https://JDPower.com/cars/manufacturers for car values.
Personal Things: Imagine selling your stuff at a yard sale or on https://Craigslist.com. That’s how much you write down—not what you paid when new!

Timing: Fill out and send in within 20 days after receiving the court notice. Do not delay!
Mail (preferably Certified) or Deliver:
Give a copy of your completed form to the creditor or their lawyer right away.
Ask for Help if Unsure:
If you’re confused, ask for help or consider talking to a lawyer. Court workers can’t help you fill it out. http://ChatGpt.com may help, but occasionally gives bad information.