GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1554

Short Title:  Limit Debtor's PI Exemption.	(Public)
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Sponsors: Senator Warren.
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Referred to:  Rules and Operation of the Senate.
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO LIMIT, WHEN A CREDITOR SEEKS TO ENFORCE A JUDGMENT AGAINST A DEBTOR, THE CURRENT EXEMPTION EXTENDED TO THE DEBTOR FOR COMPENSATION THE DEBTOR RECEIVED FOR PERSONAL INJURY OR FOR THE DEATH OF ONE UPON WHOM THE DEBTOR WAS DEPENDENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 1C-1601(a) reads as rewritten:
"(a)	Exempt property. – Each individual, resident of this State, who is a debtor is entitled to retain free of the enforcement of the claims of his creditors:
(1)	The debtor's aggregate interest, not to exceed ten thousand dollars ($10,000) in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor.
(2)	The debtor's aggregate interest in any property, not to exceed three thousand five hundred dollars ($3,500) in value less any amount of the exemption used under subdivision (1).
(3)	The debtor's interest, not to exceed one thousand five hundred dollars ($1,500) in value, in one motor vehicle.
(4)	The debtor's aggregate interest, not to exceed three thousand five hundred dollars ($3,500) in value for the debtor plus seven hundred fifty dollars ($750.00) for each dependent of the debtor, not to exceed three thousand dollars ($3,000) total for dependents, in household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use of the debtor or a dependent of the debtor.
(5)	The debtor's aggregate interest, not to exceed seven hundred fifty dollars ($750.00) in value, in any implements, professional books, or tools of the trade of the debtor or the trade of a dependent of the debtor.
(6)	Life insurance as provided in Article X, Section 5 of the Constitution of North Carolina.
(7)	Professionally prescribed health aids for the debtor or a dependent of the debtor.
(8)	Compensation, not to exceed seven thousand five hundred dollars ($7,500) in value, for personal injury or compensation for the death of a person upon whom the debtor was dependent for support, not including pain and suffering or compensation for actual pecuniary loss, but such compensation is not exempt from claims for funeral, legal, medical, dental, hospital, and health care charges related to the accident or injury giving rise to the compensation."
Sec. 2.  This act is effective upon ratification and applies to any action to enforce a judgment filed on or after that date.