Ask a Question

Get free answers to your Collections legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
North Carolina Collections Questions & Answers
1 Answer | Asked in Collections for North Carolina on
Q: I was sued and lost but the case was filed in a different county than the one i live in is this a valid suit

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.

Lynn Ellen Coleman
Lynn Ellen Coleman
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

2 Answers | Asked in Family Law, Civil Litigation and Collections for North Carolina on
Q: My mother-in-law passed away. She has no estate, no assets. Are my wife and I responsible for her credit card debt?
Lynn Ellen Coleman
Lynn Ellen Coleman
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

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Collections and Internet Law for North Carolina on
Q: online order, Mail Carrier lost, 4 months, 30 recorded calls, 20+emails, told them to cancel, getting billed & late fees

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Question of Civil Contempt of Court North Carolina for an Adminstrative Law Judge's Order of payment

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Tax Law and Collections for North Carolina on
Q: Home is under a Contract for Deed from a trust. Seller's name on deed. Can the IRS use this equity for collections?

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Civil Litigation, Bankruptcy and Collections for North Carolina on
Q: Someone in the family was in a fight with another person. That person may sue. What can we do to protect our money?
Tim Akpinar
Tim Akpinar
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

View More Answers

1 Answer | Asked in Collections for North Carolina on
Q: I received a summons about a credit card debt from a lawfirm that purchased the debt. What do I do next?

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
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

1 Answer | Asked in Collections for North Carolina on
Q: How much does it cost for escheat case

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
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.

1 Answer | Asked in Collections and Legal Malpractice for North Carolina on
Q: Is there a time frame attorneys must start once paid?

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
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

2 Answers | Asked in Collections and Banking for North Carolina on
Q: 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

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
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

View More Answers

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: get default judgment dismissed for a credit card.im on SS & 69 ys old.can they put a lein. on my home

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
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

1 Answer | Asked in Consumer Law, Business Law, Collections and Communications Law for North Carolina on
Q: Got a car from a "buy here pay here" lot. Made payments on time, but now after a year they keep texting me sayin Im late

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
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

1 Answer | Asked in Collections and Consumer Law for North Carolina on
Q: How many times can a credit card company call you in a day for a past-due payment?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Collections for North Carolina on
Q: I am not going to claim bankruptcy. I am trying to protect my property from a judgment creditor. I am filling out motion

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
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

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: When filling out rights to have exemptions designated form, do I have to state that my house is protected by tenancy by

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
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

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Is there a wildcard exemption outside of bankruptcy in NC? All of the Info I find involves claiming bankruptcy.

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
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.

1 Answer | Asked in Collections for North Carolina on
Q: I am now a judgement debtor in NC. I am trying to protect 2 cars outside of bankruptcy. Neither has alot of equity.

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
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

3 Answers | Asked in Collections for North Carolina on
Q: My house is protected by tenants by the entirety. I have a civil judgement against only me from a creditor.

Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?

Ben Corcoran
Ben Corcoran
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

View More Answers

1 Answer | Asked in Collections for North Carolina on
Q: Am I obligated to pay for something that a business charged me less for a year ago and is now trying to reclaim the fund

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
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

1 Answer | Asked in Collections for North Carolina on
Q: Husband got notice of right to have exemptions designated. House is in my name. Bought pre marriage. Can they seize it?

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
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

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.