Terms Used In North Carolina General Statutes > Chapter 105B > Article 1 - Withholding of Personal Earnings

• Annual federal poverty guidelines: means the annual federal poverty guidelines issued by the United States Department of Health and Human Services in effect at the time in question. See North Carolina General Statutes 105B-1
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Authority: means the State Education Assistance Authority as enabled by Article 23 of Chapter 116 of the N. See North Carolina General Statutes 105B-1
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debtor: means any individual owing money to the Authority through default on a student loan made, guaranteed or owned by the Authority, which obligation has not been adjudicated satisfied by court order, set aside by court order, or discharged in bankruptcy. See North Carolina General Statutes 105B-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Family: means a parent or parents and minor children or spouses that reside together. See North Carolina General Statutes 105B-1
• Family income: means family income as set out in the annual federal poverty guidelines. See North Carolina General Statutes 105B-1
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Mistake of fact: means that the debtor:

  a. See North Carolina General Statutes 105B-1

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Payor: means the person, firm, association or corporation by whom the debtor is employed. See North Carolina General Statutes 105B-1
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student loan: means a loan or loans made to eligible students or parents of students to aid in obtaining an education beyond the high school level. See North Carolina General Statutes 105B-1
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3