After a debt judgment in North Carolina: garnishment, bank levy, exemptions

What can be taken from your pay and bank account, and how to claim exempt money.

Checked against official sources: Oct 24, 2026.

Short answer

After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). Within 20 days after you receive the notice, file the Motion to Claim Exempt Property (AOC-CV-415) with a schedule of your assets, or ask in writing for a hearing before the clerk – and mail or deliver a copy to the creditor.

How long it lasts
10 years
Interest after the judgment
8%
Exemption form
Official exemption form

Protecting exempt money in North Carolina

Within 20 days after you receive the notice, file the Motion to Claim Exempt Property (AOC-CV-415) with a schedule of your assets, or ask in writing for a hearing before the clerk – and mail or deliver a copy to the creditor. If you do neither within 20 days, you waive these exemptions. The creditor has 10 days to object to your schedule.

Law: N.C. Gen. Stat. § 1C-1603

Official exemption form

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Exemption claim cover letter

The judgment's life in North Carolina

Interest after the judgment

For a consumer credit debt, the lower of the legal rate (8% a year) or the contract rate. For other contract debts, the contract rate if the contract says it applies after judgment; otherwise 8%.

How long it lasts

A creditor can enforce or sue on a judgment for 10 years from entry. It is a lien on your real property in the county where docketed for 10 years. A new action on the judgment can be brought only once.

Law: N.C. Gen. Stat. §§ 24-1, 24-5(a); §§ 1-47(1), 1-234

Judgment interest and how long a judgment lasts, by state

Bank levies in North Carolina

Before the clerk can issue an execution, you must be served with a Notice of Right to Have Exemptions Designated (AOC-CV-406) and a blank Motion to Claim Exempt Property. North Carolina does not set a separate bank-account dollar amount; property is protected under the exemptions in § 1C-1601, and earnings from the last 60 days and benefits such as Social Security are listed as exempt.

Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.

Law: 31 CFR 212.5, 212.6

How much of your pay can be taken in North Carolina

For ordinary consumer debts, your earnings from the last 60 days cannot be taken if they are needed to support your family. Child support, taxes and some government debts are exceptions.

Law: N.C. Gen. Stat. § 1-362

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: North Carolina

For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.

Law: 15 U.S.C. 1673(a)

Steps to protect your money in North Carolina

  1. Open every letter

    Each notice may start a short deadline, so read it right away.

  2. Find where your money comes from

    Proof of where the money came from, like award letters, wins exemption claims.

  3. Claim your exemptions

    How it works in North Carolina: Within 20 days after you receive the notice, file the Motion to Claim Exempt Property (AOC-CV-415) with a schedule of your assets, or ask in writing for a hearing before the clerk – and mail or deliver a copy to the creditor.

  4. Attend the hearing

    A judge decides disputed claims; bring every paper.

  5. Talk to legal aid

    Free help: Legal Aid of North Carolina.

Where to get free help in North Carolina

Questions about collection after a judgment in North Carolina

How much interest does a judgment add in North Carolina?

For a consumer credit debt, the lower of the legal rate (8% a year) or the contract rate. For other contract debts, the contract rate if the contract says it applies after judgment; otherwise 8%.

When does a judgment expire in North Carolina?

A creditor can enforce or sue on a judgment for 10 years from entry. It is a lien on your real property in the county where docketed for 10 years. A new action on the judgment can be brought only once.

Can my wages be garnished in North Carolina?

For ordinary consumer debts, your earnings from the last 60 days cannot be taken if they are needed to support your family. Child support, taxes and some government debts are exceptions.

Can a creditor take money from my bank account in North Carolina?

Before the clerk can issue an execution, you must be served with a Notice of Right to Have Exemptions Designated (AOC-CV-406) and a blank Motion to Claim Exempt Property. North Carolina does not set a separate bank-account dollar amount; property is protected under the exemptions in § 1C-1601, and earnings from the last 60 days and benefits such as Social Security are listed as exempt.

How do I protect exempt money in North Carolina?

Within 20 days after you receive the notice, file the Motion to Claim Exempt Property (AOC-CV-415) with a schedule of your assets, or ask in writing for a hearing before the clerk – and mail or deliver a copy to the creditor. If you do neither within 20 days, you waive these exemptions. The creditor has 10 days to object to your schedule.

Related North Carolina pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources