If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If... View More

Without reviewing the documents I cannot give a definitive answer, but as a general rule, a claim against only one party is ineffective against TBE in NC.

There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is... View More

Rule 4j requires the summons and complaint be served either directly to the person or left with somone of suitable age and discretion at his "dwelling place or usual place of abode". Due to the person's length of time staying at the nursing facility, I think this would be proper... View More

This is most likely a scam, because wage garnishment for debt is not allowed in either North Carolina or South Carolina. The collector threatened to do something it has no legal ability to do in an attempt to get you to pay. Google "payday loan collection scam" and see how common this... View More

Unfortunately, yes. At the time this bill was issued there was no requirement that a creditor warn you before sending an account to collections, even if they accepted what you could afford to pay for months. No creditor has any legal obligation to accept partial payments and they always have the... View More

Yes, you are absolutely correct. You should contact an experienced collection defense and consumer bankruptcy attorney for specific advice. Bankrupty may be the best option - or not. You need to understand all of your options, and a bankruptcy attorney will explain the pros and cons of all options.

You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of... View More

What did your partnership agreement say about who was to be responsible for what? Was the debt incurred for business purposes or personal purposes? In very general terms, you would resolve the issue with the bank that issued the credit card. Then, yes you could sue the former partner for paying... View More

Yes. You can take action. You should hurry though because you are running up against the statute of limitations. You should be able to use the documentation and text messages that you already have in your possession. You may take the restaurant to small claims court for the difference in the amount... View More

You have to either admit or deny each paragraph of the Complaint. You also need to plead any affirmative defenses that you may have. If you are being sued for a debt, I suggest you speak to an attorney experienced in those matters for specific advice. You may have legal defenses that you are not... View More

Only the creditor can file a Notice of Satisfaction of Judgment. If you sent your demand for them to notify the Court about the payment of judgment in writing, and you have proof of receipt of your written demand, and they have not filed it, contact an experienced consumer law attorney. You need to... View More

If you made no payments but received a Form 1099C cancellation of debt, your Judgment was not "satisfied" or "resolved" or "paid off". They can still legally collect on it even though on their books they deemed it "uncollectible" and wrote it off of their... View More

If you paid the judgment directly to the creditor, send them a letter (use certified mail or priority mail so you have proof of delivery and save a copy of your letter) demanding that they advise the Clerk of Court about the payments you made and advise the Clerk that the judgment is fully... View More

You won't go to jail if you don't show up, but a judgment will be entered against you for the full amount owed. In order to keep a judgment from being entered against you, you need to file an Affidavit which controverts one of the facts necessary for them to get a judgment. That needs to... View More

1. Depends on more facts, but for a snap judgment I'll say probably not. However, burden is on you to establish that proper service hasn't been made. If you don't raise the issue properly with the court, the creditor will likely just proceed on and get what they want. This will... View More

If you want to keep that particular settlement agreement and they require it, yes, you have to sign it to keep the settlement agreement. If you refuse, they will proceed with the court process and obtain a judgment against you. A Confession of Judgment is a better alternative than a Consent... View More

No, "renewing" a judgment involves filing a new lawsuit. An essential part of any lawsuit is that you have to serve the defendant - regardless of whether the defendant is in the country or not. There are ways to serve someone who isn't in the country, but they can be complicated... View More

I assume this is a lawsuit to renew a previous judgment that was obtained a little less than 10 years ago? You need to contact an attorney in your area directly for assistance. It would be very helpful to that attorney if you retrieved a complete copy of the court file on the original Judgment... View More

We dont have wage garnishment in NC and if you file a Motion To Claim Exempt Property within 20 days after you accept that service of the Notice of Right, your assets will likely be protected. Contact a qualified attorney in your area (a consumer bankruptcy attorney is most likely to be able to... View More