I filed an exemption motion previously. Do I have to do it again?

In short, yes. A motion to designate exemptions and the ensuing order designating exemptions is limited in scope. The same person might have to file several motions over time for any given judgment, and separately for separate judgments.

In North Carolina, the procedure that has developed under statute and case law is that each attempt to execute upon a judgment is preceded by notice of right to have exemptions designed, creating a deadline for the defendant/judgment-debtor to request designation of exemptions. The resulting exemption order would then limit the property subject to execution when the creditor seeks a writ of execution.

Having an up-to-date exemption order in a second execution can be beneficial to the defendant. However, it does require the diligence to respond a second (or subsequent time). It is helpful to retain a copy of any exemption motion filed to facilitate subsequent motions or amendment to the motion.

If a more permanent solution to judgment collection is desired, using personal bankruptcy to void the judgment may be an option.

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