Lenoir, NC asked in Collections for North Carolina

Q: In NC can the law come in where i live and take things due to a credit card judgement?

I was served papers for a Discover card judgement. I was told i had 20 days to return a paper with a list of exempt items or they would come back and start removing items. Can the do this or do i need to make a list? I was also wanting to know is there a certain amount i can sent them each month, one they can't refuse ? I basically need what would be my option.

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
  • Collections Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Basically, any asset that you have may be seized to satisfy the judgment. If you have the opportunity to claim exemptions, you should do so. If you need assistance, you can make a request to the clerk for a hearing in which assistance will be provided, but you must do so within the 20 day time frame. The creditor is under no obligation to accept any payments from you. However, if you send them money, they probably won't turn it down, but they are also not bound to accept that amount every month unless you have a set agreement with them. If you wish to make payments, contact the creditor's attorney and discuss a payment plan in lieu of the execution on the judgment.

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