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.

Related Topics:
1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.