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Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 23, 2024
Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
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?
![Barry W. Kaufman Barry W. Kaufman](http://justatic.com/profile-images/534125-1529450113-sl.jpg)
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
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
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
![Joel Gary Selik Joel Gary Selik](http://justatic.com/profile-images/130948-1554488444-sl.jpg)
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
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
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
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
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
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
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
![T. Augustus Claus T. Augustus Claus](http://justatic.com/profile-images/1664706-1680212684-sl.jpeg)
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
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
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
![Cristina M. Lipan Cristina M. Lipan](http://justatic.com/profile-images/1527145-1511979610-sl.jpg)
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
if someone's home is already protected by tenancy by the entirety, would that make them eligible to use the wildcard exemption because technically they did not use the homestead exemption? Thanks
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Jun 24, 2023
Yes, the "wildcard" exemption is available if the residence is protected by "tenancy by the entireties". It can be layered on top of the car exemption, tools of the trade exemption, etc. to protect excess value in those items or it can be used to protect a second vehicle, for example.
The first is worth 13k with a 10k loan, jointly owned. The second is worth 4k owned by me alone with no loan. I can't imagine either car being worth taking. Which car is in more danger of being taken, if any?
Also, my house is protected by TBE. Do I get a wild card exemption or is that... View More
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Jun 14, 2023
You do receive a wild card exemption. Be careful with your estimate of car values. Use "retail" value, not trade in. A creditor does have the ability to request the Sheriff take a jointly owned car or a car with a lien on it when enforcing a Writ of Execution, so it can happen. Whatever... View More
Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?
![Ben Corcoran Ben Corcoran](http://justatic.com/profile-images/1639715-1585683924-sl.jpg)
answered on Jun 13, 2023
I would have to look at the specifics here, but all but certainly, if the judgment is only against one party, then the house is exempt from the judgment.
You will likely be able to sell without paying off the judgment. The final decision will ultimately come down to the title company.... View More
I had received work done on my vehicle from caliber collision under two claims. Geico covered part of the claims and caliber Charge me for the remaining balance. Apparently the lady at the desk made a mistake and didn’t charge me the full amount. Now it is a year later and they are calling me... View More
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on May 18, 2023
It's impossible to answer this question without reviewing all of the paperwork you signed - repair estimates, invoices, etcetera. Many times with insurance claims, the repair shop includes in the paperwork that you are responsible for anything insurance will not pay for. More facts are needed... View More
The amount owed is under 6,000. He had a arbitration hearing and was told they had 10 years to collect. This was last year.
Since my name is the only one on the house, should I add it on the paperwork as an exemtion?
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on May 9, 2023
If your name is the only name on the DEED (not the mortgage), your husband does not list the house on his Motion To Claim Exempt Property because he does not own it. The judgment is NOT a lien on the house. If you pass away and he inherits the house, THEN the judgment will become a lien on the... View More
This credit card is from 6 years ago. I lost my job lost my husband and mom all at same time . I was in financial problems. I'm on disability now because of all the trauma.
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Apr 25, 2023
If this lawsuit is in North Carolina, what you would be served is not called a warrant, it's called a summons and complaint. If the lawsuit was filed in Virginia this would be called a Warrant in Debt. Are you sure you posted your question in the correct state? If this is from six years ago,... View More
Judgement. I live in NC. My house and car are exempt. I have no savings and nothing of value. I have no bank account. I receive paper checks. I am in no position to pay or to agree to a payment plan at this time.im not concerned with interest because i am debating on claiming bankruptcy in the... View More
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Mar 20, 2023
The answer depends upon whether or not you timely filed a Motion To Claim Exempt Property to claim the exemptions in your house and particularly in your car. If you did timely file that Motion, just speak to the Sheriff and explain your situation. Most likely, the Sheriff will just return the Writ... View More
I have a judgment from nine years ago in Florida. I sold my property and left the country for five years. I moved to North Carolina with my new wife. she purchased a house under her LLC which I don’t own. We have a prenuptial agreement about separate debts and separate assets filed before the... View More
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Feb 27, 2023
A judgment for money owed against you personally should not be collectible against any assets in your wife's name only unless the creditor can prove that you are hiding your assets by placing them with her LLC or in her name. In order to do so, the creditor would have to undertake additional... View More
![Lynn Ellen Coleman Lynn Ellen Coleman](http://justatic.com/profile-images/881273-1447149977-sl.jpg)
answered on Feb 1, 2023
You don't mention if you are trying to collect from someone, or if you are defending a collection against yourself, or if this is a business collection matter. If you are defending against a personal collection you could start out with consumer bankruptcy attorneys (many also defend... View More
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