Jacobi-Lewis Co. v. Charco Enterprises, Inc.

Judge Lewis

dissenting.

I respectfully dissent. While I agree that North Carolina law exempts prospective earnings from being applied to satisfy a judgment, I disagree with the majority that “future rental payments are analogous to future earnings.” According to Black’s Law Dictionary, Sixth Edition (1990), to earn is “to acquire by labor, service or performance.” I would hold that the exemption for future earnings should be limited to payments which result as a direct consequence of the debtor’s labor or personal application of skill. This point of view is supported by the often stated purpose…