Had it canceled the first year and now they want the rest of it.
answered on Jun 1, 2023
An attorney would have to actually review the contract you signed to accurately answer this question. In general, many service contracts for a number of years have conditions that say you cannot cancel early, or if you do cancel early there is a penalty of some sort. Most likely you do owe them... Read more »
Any thing I can do
answered on May 24, 2023
All debt is included in a bankruptcy. You provide no details at all about what you want to do, so I will take a few guesses. The mortgage payments do not have to be reported to the credit bureau. They do need to give her credit for the payments. Your mother should reach back out to the attorney who... Read more »
The amount owed is under 6,000. He had a arbitration hearing and was told they had 10 years to collect. This was last year.
Since my name is the only one on the house, should I add it on the paperwork as an exemtion?
answered on May 9, 2023
If your name is the only name on the DEED (not the mortgage), your husband does not list the house on his Motion To Claim Exempt Property because he does not own it. The judgment is NOT a lien on the house. If you pass away and he inherits the house, THEN the judgment will become a lien on the... Read more »
This credit card is from 6 years ago. I lost my job lost my husband and mom all at same time . I was in financial problems. I'm on disability now because of all the trauma.
answered on Apr 25, 2023
If this lawsuit is in North Carolina, what you would be served is not called a warrant, it's called a summons and complaint. If the lawsuit was filed in Virginia this would be called a Warrant in Debt. Are you sure you posted your question in the correct state? If this is from six years ago,... Read more »
He passed away in 2021, the house went into foreclosure last year, and then they auctioned it off, and that was the last I heard about it until I was just contacted about there being surplus funds from the sale.
answered on Apr 14, 2023
Excess funds from the sale belong to his estate. The reason why you were notified that the Clerk is holding excess funds is because there was likely a second mortgage, home equity line of credit, judgment lien, or tax lien (often more than one of these) that remains unpaid. You should contact a... Read more »
Had to be torn out and replaced by another company.
First company is an LLC. No written contract. Estimate only. Checks were payable to the owner's name.
Can she sue the LLC in small claims court?
Should she sue the individual who is the LLC owner and to whom the checks were payable?
answered on Apr 4, 2023
Is your mother willing to go to court personally and argue her case? Is the owner/representative of company number 2 willing to attend small claims court with her and testify against company no 1? Are your mother and the representative of company no. 2 willing to travel to the county where bad LLC... Read more »
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)
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 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 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 »
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