Download or read book Report of the North Carolina Courts Commission to the 1982 General Assembly (Classic Reprint) written by North Carolina Courts Commission and published by Forgotten Books. This book was released on 2017-12-15 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Report of the North Carolina Courts Commission to the 1982 General Assembly In its review of Ch. 490, the Commission did not consider any substantive changes to the exemptions themselves. Many people have suggested that the exemptions need to be reviewed, but that issue does not fall within the statutory mandate of the Commission to study the structure, organization, jurisdiction, procedures and personnel of the Judicial Department. Thus, the Commission left that review for the 1983 General Assembly by a group other than the Courts Commission. At the Commission's request a meeting was held to discuss the proposal with representatives of interested groups including the Clerks of Superior Court, Legal Services of North Carolina, North Carolina Automobile Dealers Association, n.c. Banker's Association, n.o. Consumer Finance Association, n.c. Credit Union League, Inc., and the n.c. Merchants' Association. These groups approved in principle the recommendations of the Commission. Generally, the Commission's recommendations streamline the procedure that designate exemptions and conform that procedure to the execution laws, clarify procedural points left unanswered by Ch. 490, and make technical corrections. The bill recommends four major changes in the procedures of Ch. 490: First, Ch. 490 gave district court judges and clerks of superior court concurrent jurisdiction to designate exemptions. Some confusion has arisen as to which official would actually hear the cases. The Commission's recommendation would provide that district court judges hear contested exemption hearings and clerks handle uncontested requests for exemptions and waivers. The bill also sets out an appeal route, which was lacking in Ch. 490. Second, the recommen dation simplifies the procedure for a debtor to claim exemptions by providing that a court hearing is held only when the debtor requests it. Third, the proposal allows a waiver of exemptions without a hearing. Language requiring a finding that the exemptions are not necessary for support of the judgment debtor's dependents is removed because it is unnecessary. That provision was thought to be necessary because of wage garnishment provisions in the original package, but no wage garnishment provision was included in Ch. 490. Finally, the proposal clarifies that when a judgment debtor waives his statutory exemptions, he also waives the constitutional exemptions. The recommendation sets out a procedure for the debtor to claim his constitutional exemptions and for the court to designate the homestead exemption in value rather than setting aside a portion of the land itself. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.