Gastonia, NC asked in Collections for North Carolina

Q: If I received motion to claim exemptions on the same day I paid my judgement and my balance is zero, do I still file?

We received the motion to claim exemptions paperwork from the sheriff on the same day we paid the balance of a judgement debt. I called the creditor's lawyers and they state our balance is zero and they won't be moving forward with any further collections processes but that it will take a few weeks to issue a satisfaction of judgement with the court. Do I still file the papers with the court in the 20 days allotted even though I have paid our debt? It seems weird to file papers basically acknowledging I have a debt I no longer owe, but I dont want to ignore a court order, either.

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

A: It doesn't seem as if there is any need to file the motion. The creditor's attorneys have confirmed that the balance is zero. Not sure how you paid, but if it was to the Court, then you should have a receipt. If you paid the attorney's office, then your cancelled check is proof of payment.

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