North Carolina Form AOC-SP-601, titled Notice of Right to Have Exemptions Designated, is the official document a judgment creditor serves on a judgment debtor in North Carolina to start the process of collecting on a money judgment, and it gives the debtor the chance to claim property as exempt from execution under state or federal law. The form is issued by the North Carolina Administrative Office of the Courts and is governed by NCGS § 1C-1603, which lays out the exemption procedure every creditor must follow before the sheriff can seize property.
If you skip a single line on this form, mis-state the judgment amount, or fail to serve it correctly, the Clerk of Superior Court can refuse to issue a writ of execution, and you may have to start the entire collection process over. According to data published by the North Carolina Judicial Branch, more than 120,000 civil money judgments are docketed across North Carolina district and superior courts each year, and a significant share of post-judgment exemption notices get rejected the first time for technical defects in the caption, the service block, or the exemption checkboxes.
- 📝 How to complete every box on AOC-SP-601 line by line, using the exact field labels printed on the current revision of the form.
- ⚖️ Which North Carolina statutes (and which federal alternatives under 11 U.S.C. § 522) control each exemption a debtor can claim.
- 📬 How to serve the notice through the sheriff, certified mail, personal service, or attorney delivery, and what proof of service to keep.
- 🕒 The strict 20-day response window under § 1C-1603, what happens if the debtor misses it, and how a creditor can move forward.
- 🔁 Three real-world filled-out examples covering a credit-card creditor, a landlord, and a homeowner-debtor claiming the homestead exemption.
What Form AOC-SP-601 Is and Who Must File It
Form AOC-SP-601 is the formal Notice of Right to Have Exemptions Designated a judgment creditor serves on a judgment debtor in North Carolina before the sheriff can levy on the debtor’s personal or real property. The form is created and maintained by the North Carolina Administrative Office of the Courts, and the version most filers are using carries a recent revision date printed in the lower-left corner of page one. You must always confirm the revision date before filing, because the AOC reissues forms when statutes change, and clerks reject older versions on sight.
The filer is almost always the judgment creditor or the creditor’s attorney. A judgment creditor is the party who won a money judgment in district or superior court and now wants to collect. Common filers include credit-card issuers, landlords, medical providers, small-business owners, finance companies, hospitals, and individuals who won small-claims appeals. Pro se creditors file this form, but most are filed by collection attorneys because the procedural traps are heavy.
The recipient is the judgment debtor, the person or entity ordered to pay. The debtor is usually emotionally stressed, often confused, and frequently unsure whether to respond. The form gives the debtor a fixed window to claim exemptions under NCGS § 1C-1601 (state exemptions) or NCGS § 1C-1602 (federal alternatives). If the debtor does nothing, the right to claim exemptions is waived, and the sheriff can levy on non-exempt property.
The Clerk of Superior Court in the county where the judgment is docketed receives the filed copy of AOC-SP-601 along with proof of service. The Clerk does not rule on the merits of the case, but the Clerk does check whether the form is complete, whether service was proper, and whether the 20-day window has run before issuing the writ of execution.
Before You Start: Documents and Information You Need
Before you open AOC-SP-601, gather every piece of paperwork that proves your judgment is valid, that identifies the debtor correctly, and that supports the dollar figures you are about to write on the form. Missing one item below will not always trigger an outright rejection, but it almost always slows you down by weeks because the Clerk will hold the file pending correction.
- Certified copy of the judgment. You need the exact case number, judgment date, and money amount. Without it, the caption fields on AOC-SP-601 will not match the court file, and the Clerk will not issue a writ.
- Docketed judgment lien information. Confirm the judgment is properly docketed under NCGS § 1C-1703; an undocketed judgment cannot support a levy.
- Debtor’s full legal name and last known address. This drives both the caption and service. A wrong address voids service and restarts the 20-day clock.
- Debtor’s date of birth or last four of SSN if known. Helps the sheriff serve the right person and avoid identity mix-ups.
- Current payoff figure with interest. Calculate the principal, accrued interest at the statutory 8% per year under NCGS § 24-5, and any costs awarded.
- Companion Form AOC-CV-415. The Motion to Claim Exempt Property (Statutory Exemptions) must be served with AOC-SP-601 so the debtor has the response form already in hand.
- Filing fee or fee waiver paperwork. The Clerk charges a small issuance fee for the writ; without it, the file sits.
- Proof of address verification. A recent skip-trace, postal verification, or DMV check protects against a void service later.
- Attorney bar number if filed by counsel; pro se filers leave this blank but must sign personally.
- Self-addressed stamped envelope for the file-stamped copy if you are mailing the original to the Clerk.
Where to Get the Form and How to Access It
The official, current AOC-SP-601 is available as a fillable PDF on the NC Courts forms portal. Always download a fresh copy each time you file because the AOC silently updates revision dates, and clerks compare the footer to their internal version list. Saving an old copy on your desktop is one of the most common reasons a creditor’s filing gets bounced.
You can also pick up a paper copy at the Clerk of Superior Court’s office in any of North Carolina’s 100 counties. The Clerk’s office will hand you a blank form free of charge, but they will not help you fill it out, because court staff are barred from giving legal advice under NCGS § 84-4. Some counties keep a small stack at the civil filing window; others print on demand.
Attorneys typically pull the form through their case management software, which automatically merges the caption from the underlying civil action. Pro se filers should use the fillable PDF, type entries directly into the form, and print before signing. Handwritten forms are accepted, but the Clerk strongly prefers typed entries because handwriting errors in the judgment amount or case number are the leading cause of rejection.
If you need a translated reference, the AOC publishes Spanish-language guidance on post-judgment procedure through the NC Judicial Branch Help Topics page. The form itself, however, must be filled out and filed in English.
Step-by-Step: How to Fill Out AOC-SP-601 Line by Line
The form is a single page on the front with a Certificate of Service on the back. Every box matters. Each subsection below walks you through one field with plain English, formatting rules, a named example, an edge case, the most common mistake, and the misconception filers carry into that box.
File No. (Top-Right Corner)
What the field asks in plain English. The File No. is the case number the Clerk assigned when the original lawsuit was filed.
How to answer it. Copy the file number exactly as it appears on the docketed judgment, including the year, the two-letter code (CVD for district, CVS for superior, CVM for small claims), and the sequential number. Format it as 24 CVD 004127.
Example entry. Maria Lopez writes 23 CVD 002188 in the File No. box because that is the number printed on her Wake County district court judgment.
Nuance or edge case. If the judgment came from a small-claims magistrate decision that was appealed and re-docketed, use the CVD number assigned on appeal, not the original CVM number.
Common mistake and direct consequence. Filers regularly transpose two digits. The Clerk’s computer will not match the file, and the writ of execution will not issue until you correct and re-file.
Misconception. Many filers think the File No. updates after judgment; it does not. The case number stays the same from filing through enforcement.
County (Top-Center Caption)
What the field asks in plain English. This identifies the North Carolina county where the original judgment was entered and where you are now filing the notice.
How to answer it. Type the full county name in all caps, such as MECKLENBURG or NEW HANOVER, with no abbreviations and no “Co.” suffix.
Example entry. Carlos Reyes, a creditor enforcing a Charlotte judgment, writes MECKLENBURG in the County field.
Nuance or edge case. If the debtor has moved to another county, you do not change the county on AOC-SP-601; the enforcement proceeds in the county of docketing. To execute against property in a different county, you must transcribe the judgment under NCGS § 1-234 first.
Common mistake and direct consequence. Writing the debtor’s current county instead of the docketing county sends the file to the wrong Clerk, and the notice is void as filed.
Misconception. Filers often believe enforcement follows the debtor; it follows the judgment.
“In The General Court Of Justice” Division Checkbox
What the field asks in plain English. It asks which trial division of the General Court of Justice the case sits in: District Court or Superior Court.
How to answer it. Check the District Court Division box for any judgment under \$25,000 (the current district court jurisdictional ceiling) and Superior Court Division for any judgment over that amount or any case originally filed in superior court.
Example entry. Janet Wilson, a hospital collections agent enforcing an \$8,400 medical-bill judgment, marks the District Court Division box.
Nuance or edge case. If the case began in small claims and was appealed for trial de novo, it now sits in District Court, so check District Court.
Common mistake and direct consequence. Marking Superior Court for a district court judgment kicks the file back to the wrong courtroom and delays issuance of the writ by 1 to 3 weeks.
Misconception. Some filers think a default judgment shifts the division; it never does.
Plaintiff (Caption Block)
What the field asks in plain English. It asks for the name of the party that won the judgment, exactly as that party appears in the court’s docket.
How to answer it. Type the full legal name in initial caps, including any d/b/a, corporate suffix, or trustee designation. Do not abbreviate Incorporated to Inc. unless the docket shows it that way.
Example entry. Capital One Bank (USA), N.A. is entered as CAPITAL ONE BANK (USA), N.A. in the Plaintiff line.
Nuance or edge case. If the original plaintiff sold the debt to a debt buyer, the debt buyer is now the plaintiff/judgment creditor only if the court entered a substitution-of-party order under Rule 25. Without that order, you must list the original plaintiff.
Common mistake and direct consequence. Listing the assignee without a Rule 25 order makes the notice voidable, and the debtor can move to set aside execution.
Misconception. Filers think buying the debt is enough; the court file must reflect the substitution.
Defendant (Caption Block)
What the field asks in plain English. It asks for the legal name of the judgment debtor.
How to answer it. Use the debtor’s full legal name. Include middle initial if it appears on the judgment. List multiple debtors stacked in the box if the judgment is joint.
Example entry. Marcus T. Johnson writes the same on AOC-SP-601 because that name matches the underlying default judgment.
Nuance or edge case. If the debtor has changed names since judgment (marriage, divorce, court-ordered change), list the judgment name first, then a/k/a and the new name to ensure proper service.
Common mistake and direct consequence. Dropping a middle initial that appears on the judgment can cause the sheriff to refuse service if a different person at the address has a similar name.
Misconception. Many think nicknames are acceptable; they are not.
“To” Line — Debtor’s Name and Address
What the field asks in plain English. This is the actual notice block. You write the debtor’s name and full mailing address, because this is the address service will be attempted at.
How to answer it. Type the debtor’s full legal name, then street address on the next line, then City, State, ZIP. Use a verified physical address; a P.O. Box is not enough for sheriff service.
Example entry. Aisha Bennett, 412 Eastway Drive, Apt. 7, Charlotte, NC 28205.
Nuance or edge case. If the debtor lives at one address but works at another and you plan to use the sheriff, list the residence; the sheriff serves at the dwelling first under Rule 4(j).
Common mistake and direct consequence. Using a stale address triggers a non-est return, and you must redo service from scratch, which restarts the 20-day clock.
Misconception. Some creditors think a forwarding order from USPS is service; it is not.
Statement of Judgment Amount
What the field asks in plain English. This is the dollar figure the debtor owes today, broken into principal, interest, and costs.
How to answer it. Enter the principal balance of the judgment, the accrued interest at 8% per year under § 24-5 from the judgment date through today, and the taxed costs. Use a calculator and round to the cent.
Example entry. Carlos Reyes enters Principal: \$6,200.00 / Interest: \$496.00 / Costs: \$211.00 / Total: \$6,907.00 on a one-year-old \$6,200 judgment.
Nuance or edge case. If a partial payment has been made, deduct it from principal first, then recompute interest from the partial payment date forward; the AOC has accepted this method in collections case law.
Common mistake and direct consequence. Inflating interest beyond the statutory rate. The debtor can move to quash the writ, and a court can sanction the creditor for an unfair-debt-collection violation under NCGS § 75-50.
Misconception. Filers think they can add attorney fees here; fees only count if the judgment specifically awarded them.
Notice Language Block (Body of the Form)
What the field asks in plain English. This is the pre-printed text telling the debtor they have 20 days to claim exemptions. You do not edit it; you confirm it is intact and unaltered.
How to answer it. Read the block to make sure no language is missing, no page is cut off, and the 20-day deadline language is visible. Do not strike through or modify any text.
Example entry. Janet Wilson leaves this section as printed because altering it voids the notice under § 1C-1603(a1).
Nuance or edge case. If the AOC issues a revised form mid-year, the language may shift slightly; always download the current PDF rather than reusing a saved copy.
Common mistake and direct consequence. Some pro se creditors retype the form in Word; the retyped version is rejected because it is not the official AOC form.
Misconception. Many filers think any notice that “looks like” AOC-SP-601 will do; only the AOC’s exact form is acceptable.
Date
What the field asks in plain English. The date you sign the notice, which starts the clock on service.
How to answer it. Use MM/DD/YYYY format. Sign and date on the same calendar day to avoid confusion in the Clerk’s record.
Example entry. 03/14/2026.
Nuance or edge case. If you sign today but cannot serve until next week, the 20-day clock starts on service, not signing, but a stale date over 30 days raises Clerk eyebrows.
Common mistake and direct consequence. Backdating the form. Backdating can be treated as a misrepresentation to the Clerk and can void the notice.
Misconception. Filers think the date drives the deadline; service drives the deadline.
Signature of Judgment Creditor or Attorney
What the field asks in plain English. The wet-ink signature of the creditor or the creditor’s attorney.
How to answer it. Sign in blue or black ink. If you are an attorney, also print your name, bar number, firm, and contact info in the spaces provided.
Example entry. Carlos Reyes /s/ Carlos Reyes, pro se, with his phone number printed beneath.
Nuance or edge case. Electronic signatures are accepted by some Clerks under the NC Uniform Electronic Transactions Act, but many county Clerks still require wet ink for paper filings. Call ahead.
Common mistake and direct consequence. Failing to sign at all. An unsigned notice is a nullity, and service is void.
Misconception. A typed name in the signature line is not a signature.
Certificate of Service (Reverse Side)
What the field asks in plain English. This is your sworn statement telling the court how, when, and where you served the debtor.
How to answer it. Check the box for the method used: personal delivery, certified mail return receipt requested, sheriff service, or registered mail. Enter the date of service and the address served.
Example entry. Aisha Bennett was served by certified mail RRR on 03/16/2026 at 412 Eastway Drive, Apt. 7, Charlotte, NC 28205. Attach the green card.
Nuance or edge case. If the certified mail is returned unclaimed, that is not valid service under Rule 4(j)(1)c; you must reattempt by sheriff.
Common mistake and direct consequence. Forgetting to attach the green card. Without proof of delivery, the Clerk will not start the 20-day clock.
Misconception. Filers think dropping the form in the mail is enough; only certified mail with a signed return receipt counts.
Signature on Certificate of Service
What the field asks in plain English. The signature of the person who actually served the notice.
How to answer it. Sign and date the certificate. If a process server or sheriff served, that person signs; if the attorney mailed it, the attorney signs.
Example entry. Carlos Reyes signs after he personally delivered a copy to the debtor at the debtor’s home.
Nuance or edge case. A party to the case can serve only by mail; a party cannot personally deliver under Rule 5(b).
Common mistake and direct consequence. A pro se creditor hand-delivers the notice and signs the certificate. Service is void because parties cannot serve in person.
Misconception. Filers think anyone in their office can sign; only the actual server can.
Three Filled-Out Examples Using Real Scenarios
Scenario 1 — Capital One v. Marcus Johnson (Credit-Card Judgment)
Marcus Johnson was sued in Wake County district court for an unpaid credit-card balance and lost by default. Capital One’s collection attorney now serves AOC-SP-601 to start execution. The numbers are pulled from the docketed judgment record.
| Form Section | What Capital One’s Attorney Enters |
|---|---|
| File No. | 24 CVD 004127 |
| County | WAKE |
| Division | District Court Division (checked) |
| Plaintiff | Capital One Bank (USA), N.A. |
| Defendant | Marcus T. Johnson |
| To (Debtor name and address) | Marcus T. Johnson, 1820 Glenwood Ave., Raleigh, NC 27608 |
| Judgment Amount | Principal \$4,812.00, Interest \$385.00, Costs \$197.00, Total \$5,394.00 |
| Date | 04/02/2026 |
| Signature | /s/ Lauren Pierce, Attorney for Plaintiff, NC Bar No. 45102 |
| Certificate of Service | Served by certified mail RRR on 04/03/2026 at the Glenwood address |
Scenario 2 — Henderson Properties v. Aisha Bennett (Landlord Money Judgment)
Aisha Bennett’s landlord won a small-claims judgment for unpaid rent, then transcribed it to district court for execution. The landlord is pro se and uses the small-claims help page to verify the steps.
| Form Section | What Henderson Properties Enters |
|---|---|
| File No. | 26 CVD 000789 |
| County | MECKLENBURG |
| Division | District Court Division (checked) |
| Plaintiff | Henderson Properties, LLC |
| Defendant | Aisha Bennett |
| To (Debtor name and address) | Aisha Bennett, 412 Eastway Drive, Apt. 7, Charlotte, NC 28205 |
| Judgment Amount | Principal \$2,150.00, Interest \$172.00, Costs \$96.00, Total \$2,418.00 |
| Date | 03/14/2026 |
| Signature | /s/ Daniel Henderson, Member-Manager |
| Certificate of Service | Served by Mecklenburg County Sheriff on 03/16/2026 |
Scenario 3 — First Coastal Bank v. Janet Wilson (Homestead Exemption Response)
Janet Wilson, a 58-year-old homeowner who lost a breach-of-contract judgment, receives AOC-SP-601 and prepares to claim the homestead exemption under § 1C-1601(a)(1). The bank’s filing reads as below.
| Form Section | What First Coastal Bank Enters |
|---|---|
| File No. | 25 CVS 003012 |
| County | NEW HANOVER |
| Division | Superior Court Division (checked) |
| Plaintiff | First Coastal Bank, N.A. |
| Defendant | Janet R. Wilson |
| To (Debtor name and address) | Janet R. Wilson, 218 Magnolia Lane, Wilmington, NC 28403 |
| Judgment Amount | Principal \$28,400.00, Interest \$2,272.00, Costs \$315.00, Total \$30,987.00 |
| Date | 02/09/2026 |
| Signature | /s/ Robert Tanaka, Attorney for Plaintiff, NC Bar No. 38291 |
| Certificate of Service | Served by certified mail RRR on 02/10/2026, green card attached |
How to File the Completed Form
You file AOC-SP-601 with the Clerk of Superior Court in the county where the judgment is docketed, and you serve it on the debtor at the same time. Filing and service are two different actions, and both must be perfect for the writ of execution to issue.
By mail to the Clerk. Send the original signed form, a copy of AOC-CV-415, and a self-addressed stamped envelope to the Clerk’s civil division. Mailing addresses by county are listed on the NC Courts directory. The Clerk’s issuance fee for a writ is currently \$30, payable by check or money order to the Clerk of Superior Court. Processing usually takes 3 to 7 business days, and your file-stamped copy comes back in the SASE.
In person at the Clerk’s office. Walk in during business hours (typically 8:00 a.m. to 5:00 p.m.). Pay by cash, check, money order, or in many counties by debit/credit card. The clerk hands you a file-stamped copy on the spot; keep this as your proof of filing.
By sheriff for service on the debtor. Take a copy of the notice plus AOC-CV-415 to the county sheriff’s civil process division. The sheriff’s fee is \$30 per defendant under NCGS § 7A-311, payable by check or money order. The sheriff returns a verified return of service in 10 to 30 days, which becomes your proof of service.
By certified mail (return receipt requested). Mail the notice plus AOC-CV-415 from any U.S. post office. The certified-mail fee runs about \$8.50 including the green card. Keep the green card; that signed receipt is your proof of service. Without the green card, service is incomplete.
By private process server or attorney delivery. A non-party adult can hand-deliver the notice. Keep a signed and dated affidavit of service. Fees vary, typically \$50 to \$100. The affidavit is your proof of service. Electronic filing through eCourts File & Serve is now live in many counties; check the county’s status before relying on it.
What Happens After You File
Once the debtor is served, the 20-day response window under § 1C-1603(e) begins. The debtor may file the completed AOC-CV-415 to claim specific items as exempt, request a hearing in front of the Clerk, or do nothing. Each path leads to a different outcome.
If the debtor claims exemptions, the Clerk reviews the schedule, may set a hearing, and enters an order designating which property is exempt and which is reachable. If the debtor requests a hearing, the matter is set within 10 days, and the Clerk decides exemption disputes from the bench. If the debtor does nothing, the right to claim exemptions is waived as a matter of law, and the creditor can apply for a writ of execution that the sheriff levies on non-exempt property.
The writ of execution is valid for 90 days under NCGS § 1-310. The sheriff can seize bank accounts, vehicles over the exemption cap, and non-exempt personal property. Real estate is rarely levied because the homestead exemption shelters \$35,000 of equity (\$60,000 if the debtor is 65 or older and the property is jointly owned with a deceased spouse).
If the creditor moves too soon, before the 20 days run, the levy is void and the debtor can recover damages under NCGS § 1C-1603(g). Patience here is not a courtesy; it is a legal requirement.
Mistakes to Avoid When Filling Out the Form
- Wrong file number. The Clerk’s system will not match the case, and the writ will not issue.
- Outdated form revision. The Clerk rejects superseded versions on sight.
- Backdated signature. Backdating can void the notice and trigger sanctions.
- Misstated judgment amount. Inflating principal, interest, or costs invites a motion to quash and possible § 75-50 liability.
- Wrong division checkbox. Marking Superior Court for a District Court judgment routes the file incorrectly.
- Stale debtor address. Triggers a non-est return and restarts service.
- Hand-delivery by a party. Service is void because parties cannot personally serve.
- Missing green card. Certified mail without a signed return receipt is not service.
- No AOC-CV-415 attached. The debtor cannot respond on the right form, and the Clerk often returns the file.
- Missing certificate of service. Without it, the 20-day clock never starts.
- Filing in the wrong county. Enforcement must occur in the docketing county unless the judgment is transcribed.
- Adding attorney fees not in the judgment. Only fees the court already awarded may appear in the amount.
Do’s and Don’ts
- Do download a fresh copy of AOC-SP-601 from the official AOC forms page every time, because revisions happen quietly.
- Do type the form rather than handwrite it, because typed forms are accepted faster.
- Do serve AOC-CV-415 with AOC-SP-601 so the debtor has the response form already in hand.
- Do keep the green card or sheriff’s return as the cornerstone of your file.
- Do calculate interest at the statutory 8% per year under § 24-5 to the day of filing.
-
Do call the Clerk’s office to confirm current fees and accepted payment methods before you go.
-
Don’t edit or retype the pre-printed notice language because the form will be rejected.
- Don’t rely on regular first-class mail for service.
- Don’t hand-deliver the notice yourself if you are the creditor.
- Don’t levy before the 20 days run, because the levy will be void.
- Don’t include attorney fees the judgment did not award.
- Don’t sign for someone else; the wrong signature voids the notice.
Pros and Cons of Filing on Your Own vs. With an Attorney
| Filing Pro Se | Filing With an Attorney |
|---|---|
| Pro: No legal fees beyond Clerk and sheriff costs. | Pro: Attorneys catch caption and service errors that void filings. |
| Pro: Full control over timing and strategy. | Pro: Attorneys can transcribe judgments to other counties quickly. |
| Pro: Direct access to the Clerk’s office for questions. | Pro: Attorneys handle exemption hearings without the creditor appearing. |
| Pro: Useful for small-dollar landlord and small-claims cases. | Pro: Attorneys can pursue supplemental proceedings if execution returns dry. |
| Pro: Builds knowledge if you collect repeatedly. | Pro: Reduces risk of § 75-50 unfair-debt-collection liability. |
| Con: A single procedural slip restarts the entire process. | Con: Legal fees often consume small judgments. |
| Con: Clerks cannot give legal advice under § 84-4. | Con: Less day-to-day visibility into the file. |
| Con: No malpractice safety net if interest is miscalculated. | Con: Attorney scheduling can delay filings. |
| Con: Risk of personal-service voidness because parties cannot serve. | Con: Communication delays during exemption hearings. |
| Con: Pro se filers often miss the AOC-CV-415 attachment requirement. | Con: Engagement letters lock you into broader collection terms. |
FAQs
Is AOC-SP-601 the same as a writ of execution?
No. AOC-SP-601 is the Notice of Right to Have Exemptions Designated. The writ of execution is a separate document the Clerk issues only after the 20-day exemption window has run.
Do I write the debtor’s maiden name or current legal name in the “To” line?
No to maiden-only. Use the legal name from the judgment first, then add a/k/a with the current name to keep service tied to the docketed case.
Can I serve AOC-SP-601 by regular first-class mail?
No. Only personal service, sheriff service, certified mail with return receipt, or registered mail satisfy Rule 4(j).
Is there a filing fee for AOC-SP-601 itself?
No filing fee is charged for the notice alone. The \$30 writ issuance fee and any sheriff fees apply when you proceed to execution.
Do I have to attach AOC-CV-415 when I serve AOC-SP-601?
Yes. The debtor needs the Motion to Claim Exempt Property form in hand to respond within 20 days.
Should I check both the District Court and Superior Court boxes if I am unsure?
No. Check only the division where the judgment was docketed; checking both renders the form ambiguous and can void it.
Can I include attorney fees in the judgment amount box?
No, unless the underlying judgment specifically awarded fees under NCGS § 6-21.2 or another fee statute.
Is the interest rate I write on the form 6% or 8%?
Yes, use 8% per year under § 24-5 for most contract and tort judgments unless the contract sets a different rate.
Can a debtor claim federal exemptions instead of state ones?
Yes, under § 1C-1602, a debtor with federal claims under specific statutes can elect federal exemptions on AOC-CV-415.
Does a debtor in bankruptcy still need to respond?
No active response is required while the automatic stay is in place, but the debtor should notify the creditor and the Clerk in writing.
Can I e-file AOC-SP-601 in counties on eCourts?
Yes. Counties live on eCourts File & Serve accept the form electronically; otherwise, file paper at the Clerk’s office.
What happens if the green card comes back unclaimed?
No valid service has occurred. Reattempt through the sheriff or by personal service through a non-party adult.
Do I need to notarize AOC-SP-601?
No. A signature is enough; the form is not a sworn affidavit, though the certificate of service must be truthful.
How long does the debtor have to claim exemptions?
Yes, the debtor has exactly 20 days from the date of service under § 1C-1603(e); missing the deadline waives exemptions.
Related reading
- How to Fill Out North Carolina Form AOC-CV-200 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-300 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-306 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-308 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-309 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-401 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-100 (w/Examples) + FAQs