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I’m seeking legal advice on recovering a personal loan of $9,450 made to a friend between May 2022 and August 2023, using PayPal and Venmo. She has acknowledged these loans in emails and texts but has only repaid $700, paying $100 per month. We have no formal signed agreement. I would like to set... View More 
My siblings and I are selling my mother's house in North Carolina, and we plan to split the proceeds. Will any money I receive be withheld to pay my personal debts, such as a car repossession and a loan that appear on my credit report?
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answered on Mar 13, 2025
There is a good chance that your share will be used to payoff any judgment liens against your interest of record. Then you covey free and clear of encumbrances which is a covenant of title.
My bank account was garnished due to state taxes, and I have received written notice about this action. I have not yet contacted the tax authority about this specific garnishment, and I have other unpaid taxes with the state. Can I request them to unfreeze my account and set up an installment plan... View More
answered on Mar 6, 2025
You should contact a bankruptcy lawyer for advice about filing Chapter 13 (I assume this is personal income tax). You may get a longer time to pay if you file bankruptcy, and you may actually get back the funds if you file quickly.
In my experience, the State of NC will not lift the... View More
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More
answered on Feb 25, 2025
Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More
I discovered recently that a lawsuit was filed against me due to my Discover debt. I had no knowledge that it was assigned to an attorney's office. I was on the Mecklenburg court site to verify something regarding a different situation and I seen the lawsuit information. The summons was served... View More
answered on Feb 4, 2025
You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion... View More
They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More
answered on Nov 17, 2024
Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More
It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.
answered on Oct 22, 2024
You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.
The general rule is that debt collection lawsuits must be filed in the... View More
answered on Aug 29, 2024
You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More
I ordered something that should have been delivered May 10th that "Mail" lost. Never left GA warehouse, I'm in NC. Never left "Mail" hands. Conns was denied claim by "Mail" because they did it wrong, I can't claim b/c I'm not the 'entitled... View More
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answered on Aug 31, 2024
You need to take immediate steps to protect yourself. Start by sending a formal, written demand letter to the retailer's corporate office in Texas, clearly stating the issue, your demands, and a deadline for resolution. Reference your prior communications, including the dates and outcomes of... View More
I was given notice a law firm is filing civil contempt of court for not paying them $40,000 from a decision of an administrative law judge. The matter was at OAH in Raleigh. The other party's attorney and the ALJ are really good friends. They think my wife and I are loaded, but we are not. We... View More
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answered on Jul 27, 2024
You should gather all documentation related to the case, including the administrative law judge's order and any correspondence with the opposing attorney. Ensure you have records of your financial situation to demonstrate your inability to pay the $40,000. This can include bank statements and... View More
answered on Jun 10, 2024
A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More
The summons was served to me on 4/19/24, the date issued on the summons is 4/12/24. It says I have 30 days to respond from date received. What should I do next?
answered on May 14, 2024
You have choices. You can do nothing whatsoever. You can call the law firm to try to arrange a payment plan or if possible, pay it in full. You can respond on your own to the summons. You can retain an attorney to respond or to negotiate a settlement or both; or consult with a bankruptcy attorney... View More
my son passed allmost a year ago and i had a policy on him and his death was listed as pending for a cause of death and the insurance would not pay because it was listed as pending and they said the money would be put in escheat
answered on May 8, 2024
The insurance company is required to do this by law. You need to follow up with the county medical examiner and explain the issue, the cause of death needs to be determined.
I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More
answered on Feb 3, 2024
There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.
My experience in collecting debts, is that it is often a slow process. It can, of course, take years,... View More
I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More
answered on Jan 25, 2024
A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More
The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer
answered on Dec 11, 2023
If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More
I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More
answered on Dec 4, 2023
Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More
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answered on Aug 18, 2023
Under the Fair Debt Collection Practices Act (FDCPA) in North Carolina and the U.S., credit card companies are generally prohibited from engaging in harassing or excessive communication with consumers. While there's no specific limit on the number of times they can call in a day, they must... View More
To claim exempt property form to protecy myself from a writ of execution. My question is if my house is protected by tenancy by the entireties do I have specifically write it on this form or is it protected regardless? Thanks
answered on Jul 23, 2023
You should fill in the information about your house and in the box below write "tenancy by the entireties". List yourself and your spouse as the owners of the property. It should be protected automatically, but list it out of an abundance of cuation. People don;t want to do this because... View More
The entirety or is it automatically protected if the creditor attempts to place a lien on our property. I ask because technically it's not an exemption but a form of ownership. Thanks
answered on Jul 21, 2023
This response is assuming you are completing bankruptcy schedules.
Tenancy by entirety is not an exemption, it is only the type of ownership you have, as you mentioned.
On Schedule A/B you list your ownership interest in the Property (tenancy by the entirety).
On Schedule C... View More
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