Q: I received a letter saying a writ of execution (in North Carolina) outstanding sent back pymt. what do i need to do?
Protect my home i am elderly. i have been sending money to them monthly. Is there anything i can do
A:
Why are you sending the creditor money or making payments? If all of your assets are exempt and you filed your exemptions, making payments is dumb. There is no reason to do it. Its better to make the payments to yourself and build up funds so that you can settle the debt at some point.
To collect on a judgment in North Carolina, the creditor first has to serve you with a notice of rights to have exemptions designated and motion to claim exempt property. Were you served with this and did you file it?
Depending on what assets you have they can be protected using the exemptions, including the equity in your home.
If you did not file the exemptions, then you have waived them. How is your home titled? Is it still mortgaged? If the home is jointly owned by you and your spouse and only you are liable on the debt then the home is safe. The home is also safe if it is liened.
Beyond that, I don't understand your question. Who did you receive a letter from? What did the letter say? I would have this reviewed by an attorney.
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