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Someone who owes money may be required to testify in court about how much money and property they have. If a debtor receives a notice like a Citation to Discover Assets, this lets them know they need to go to court. Once they're in court, they can protect certain money and property from being taken by the creditor. This protection is called an exemption.
85% of the debtor's wages are automatically protected. But other exemptions are not automatic. Instead, the debtor must come to court and tell the judge what exemptions he or she is claiming.
Here are some of the exemptions a debtor can claim:
- $4,000 of value in personal property of the debtor's choice, including money in a bank account
- $2,400 of value in one motor vehicle
- $1,500 of value in professional books or tools of the debtor's trade
- $15,000 of value in a house or condo in which the debtor lives or in farmland ($30,000 if a couple jointly owns it)
- Money in a pension plan or IRA
If you need to access your bank account for emergency purposes, you can file an Emergency Motion to Claim Exemption. An emergency purpose can be paying for basic needs like food, rent, utilities, etc.
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Worried about doing this on your own? You may be able to get free legal help.
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