Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this time.im not concerned with interest because i am debating on claiming bankruptcy in the... Read more »
answered on Mar 20, 2023
The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ... Read more »
We have checked County tax rolls for addresses and do not know where else to look for a correct/current address, phone number or e-mail. What should we do and what options do we have if we are unable to contact them?
answered on Mar 14, 2023
Have you tried mailing a letter to them at the property address and if so, what does it say when the letter is returned? Traditional first class mail is the basic method for communications. The county tax office listing has the currently listed mailing address and you can look at the actual tax... Read more »
I have a judgment from nine years ago in Florida. I sold my property and left the country for five years. I moved to North Carolina with my new wife. she purchased a house under her LLC which I don’t own. We have a prenuptial agreement about separate debts and separate assets filed before the... Read more »
answered on Feb 27, 2023
A judgment for money owed against you personally should not be collectible against any assets in your wife's name only unless the creditor can prove that you are hiding your assets by placing them with her LLC or in her name. In order to do so, the creditor would have to undertake additional... Read more »
answered on Feb 23, 2023
You need to initiate a "request for loss mitigation" by calling the mortgage company and requesting it. You will need to fill out an application and provide hardship information. You will be given a choice of solutions at the end of the application. Once of those is for a short sale and... Read more »
I started the eviction process on this renter. I am evicting because of breach of contract damage to home and trash.. he sent me papers today that he was in bankruptcy and I couldn’t sue for eviction any longer.. we are to go to court on Monday at the county court house but now I am thinking I... Read more »
answered on Feb 15, 2023
Did he file bankruptcy before the breach of the lease or after? I agree with the other attorney that you should consult your own attorney privately for advice before your court datethe specifics need to be reviewed and we can't do that for you here (don't just ask a general question here... Read more »
judgment. I have a smaller judgment that was placed against me by an individual creditor in September of 2011. This judgment was renewed in 2021 on its 10 year anniversary. This creditor has not attempted any collections until now. I received a Notice of Right to Have Exemptions Designated.... Read more »
answered on Feb 13, 2023
The Federal judgment does not "supersede". You need to resond to the Notice of Right and claim your exemptions on time. The State court judgment creditor can have the Sheriff take any non exempt assets with a writ of execution. The two judgments are independent of the other. There are... Read more »
Instead of having a new ac unit installed she is relying on the old unit being refurbished. Yet I pay for utilities and other miscellaneous bills including a bathroom remodel. It's not safe for my condition to continue to stay here if these problems persist. As a disabled veteran what are my... Read more »
answered on Feb 7, 2023
In general, if there is a condition that makes things unsafe and a health hazard - lack of running water, lack of useable toilet bathtub or shower, leaky sewage, standing water or leaks causing mold,unsafe electrical system, rotten stairs or floorboards, lack of operable locks, for example - the... Read more »
We bought the car on the first of the year. Financing is fine, insurance is fine. Dealership issued a 30 day tag, which expired on the 30th. We now cannot drive the car, because the dealership never sent us a permanent plate when we realized they’d registered it to me and a complete stranger, as... Read more »
answered on Feb 7, 2023
The North Carolina DMV DOES have an office that handles these kind of claims called the "License and Theft Bureau".
Go to this link (copy and paste into your browser)
https://www.ncdot.gov/dmv/offices-services/locate-dmv-office/Pages/dmv-offices.aspx
Turn OFF the... Read more »
answered on Feb 1, 2023
You don't mention if you are trying to collect from someone, or if you are defending a collection against yourself, or if this is a business collection matter. If you are defending against a personal collection you could start out with consumer bankruptcy attorneys (many also defend... Read more »
He's daughter 16. So we couldn't get nor even his clothes?
answered on Feb 1, 2023
Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »
All he has is clothes tools and golf cart trailer
answered on Jan 31, 2023
If a North Carolina resident dies without a will, is not married, and has a child, the child inherits all property. Go to the courthouse to the Clerk of Court Estates Division for the county where he lived when he passed and open up a simple estate for him. Some Estate departments are "by... Read more »
I did not have an account with this company. The previous resident did, it was canceled over a year ago. I have tried putting the container at the road to get it picked up twice before. They have tried to start billing for service that isn't used. They said in an email that they would be... Read more »
answered on Jan 30, 2023
I'm sorry, but more facts are needed. Did you contract with this company, you terminated servicees and they have not picked the container back up? There is no "law" or "rule" addressing this as requiring any specific number of days or weeks. You would need to look at the... Read more »
I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... Read more »
answered on Jan 28, 2023
It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... Read more »
I’ve read online from some employees of large corporations like Walmart and Target that these companies have a tendency to avoid prosecuting thieves until they have accumulated enough stolen property to constitute a felony. This begs the question of statute of limitations from misdemeanor to... Read more »
answered on Jan 24, 2023
This is a criminal law question, not a consumer law question. As far as a civil lawsuit, the statute of limitation for money owed is 3 years not matter what the amount, and it starts fresh with each incident. Please repost this under Criminal Defense.
I live in North Carolina and my employer is based in Nevada. Part of my employment agreement includes a bonus and annual raise, but they have decided they will not fulfill these agreements and are demanding that I sign a new contract that does not include these terms and does not include additional... Read more »
answered on Dec 14, 2022
This is impossible for any lawyer to answer accurately without reviewing the complete terms and conditions of your employment agreement. This may also be governed by Nevada law, not North Carolina. You should take the entire agreement to an employment law attorney for review. In general terms, if... Read more »
By law am I required to still put a cash down payment?
answered on Dec 14, 2022
A car dealer can still require a cash down payment even when you trade in the car. The TILA disclosures should credit the trade in allowance and the cash down payment against the purchase price and tax, title and license.
TILA does not mean they cannot require a cash down payment. TILA... Read more »
But now it has been 31 days since i was supposedly be out for repair. It was able to used it for 1 day before my daughter noticed how hot it got. I purchased it Nov 9, 2022 and returned it Nov 11, 2022. And they told me it would take at least two weeks. If it only needed thermal paste, it... Read more »
answered on Dec 13, 2022
This is impossible to say on an online message board, because we are not reading the terms and conditions of the sale. In general, if their policy is "no refunds on computers", and they disclosed this to you before you made the purchase, with no efforts to conceal it or promise you... Read more »
I live in NC.
I purchased the car from an Auction in OK.
They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.
The only document I received regarding the purchase was an invoice that... Read more »
answered on Nov 29, 2022
Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... Read more »
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »
My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »
answered on Nov 11, 2022
Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by
allowing a security interest to be placed on the property or by delivering the property to a... Read more »
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