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1st 2020 at 9:58am. They claim it is not showing up. What should I do?
answered on Oct 8, 2020
Wait. If they attempt to collect on the debt again, explain the situation and ask them to send something in writing. Then, write back disputing you owe the debt and enclose your proof of delivery and hopefully a copy of the check you sent.
The abandoned office is in Charlotte NC and was their only NC office. There is nobody here to receive the summons. Their HQ is in GA, where we know the summons will be received. I tried to file but the small claims clerk led me to believe that serving the HQ in GA would be problematic and out of... View More 
answered on Oct 2, 2020
You cannot file in small claims court if the defendant is not a resident of the same county. Your only option is the district court, sorry.
N/a
answered on Sep 26, 2020
You should see a bankruptcy attorney for a personal consultation as soon as possible. I don;t know what kind of notice you received, but if it is from the Sheriff with a "writ of execution" this is extremely urgent and you should not delay the consultation. A qualified consumer... View More
6,000. They offered a settlement of around 1500. I was able to send in $550 but was unable to settle as soon as they wanted. I continued to stay in contact but they voided the settlement. I am in NC but the loan originator is out of state. My question is will they automatically garnish my wages or... View More
answered on Aug 28, 2020
More details are needed. Was this an internet "payday loan"? if so, they are unlikely to sue. If this was a local finance company or a bank, they might sue or they might not. We do not have wage garnishment in North Carolina. If this is an out of state lender they may sue you in that... View More
My previous landlord was granted a judgement against me for unpaid rent that was recorded in 2018 in Florida.
I was divorced a few months later and used my divorce settlement as a down payment on a 40 year old house in North Carolina. I have a mortgage than is just over a year old and I... View More
answered on Aug 18, 2020
The judgment has to be recorded in North Carolina first. This is done by them filing a new lawsuit ehre in North Carolina seeking to have the Florida judgment recognized and having you served with the lawsuit. Once that is granted, your creditor has to send you a "Notice of Right To Claim... View More
this judgement has been in existence since 2008, I thought it was no longer there, when I did not see it on my credit. I am in the process of purchasing a home. The clerk at the courthouse said I could pay it off or make payments. Is there a way I can contact the Law firm that this judgement was... View More
answered on Aug 12, 2020
Do not payment the judgment or make payments. If the judgment was entered in 2008, it has expired, unless the creditor filed an action to renew the judgment for an additional ten years. If the judgment was renewed, meaning there should be a new judgment with a more recent date, then you do need to... View More
I do not dispute the validity of the debt but have tried to make small payments and have been advised payments are not an option. I am a single parent living solely on social security disability and have no other source of income. I do not own anything . I live with family. Should I go ahead... View More
answered on Aug 7, 2020
Filing an Answer will delay the entry of a judgment against you for a little while. If you do not file an Answer, a default judgment will be entered. You may have some legal defenses if you were not notified about the sale of the vehicle properly, or if the sale was not conducted in a reasonable... View More
I just want some one to help me go through my power bills to explain to me I am 67 and I think they are taking advantage because I don't read well.
answered on Jul 29, 2020
This does not sound like a legal matter that you need to involve an attorney for. Considering the amount of ordinary household utility bills, attorney fees might not be justified. You could see if their customer service department could help explain your bill. If you aren't satisfied, you... View More
My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... View More
answered on Jul 17, 2020
Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.
It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... View More
answered on Jun 2, 2020
It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... View More
We were contracted by a new customer to provide a skilled service and materials for a project. The new customer is a multi million dollar company in NC. We are a 4 person small business in NC. We fulfilled our end of the agreement, but the customer now says they can't pay us (they can't... View More
answered on May 14, 2020
You can certainly pursue a claim against the company for balance due. Based on the amount, I would suggest filing a small claims action. It will have to be filed in the county where the company is based and you will have to present for the hearing. Otherwise, it would have to be filed in District... View More
My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... View More
answered on Apr 16, 2020
If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.
I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?
answered on Apr 1, 2020
Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.
I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?
answered on Mar 10, 2020
If the bankruptcy was dismissed, they can repossess the car.
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... View More
answered on Feb 19, 2020
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.
They did this; if I want to continue paying the Hospital I have to pay twice as much more to cancel the debt by the end of this year. I am going to be 65 y/o in March. I have never missed a payment! Please advice! Thank you!
answered on Mar 8, 2020
Unfortunately, such practices are not that uncommon in terms of selling debts to new entities. You say you are 65. If, as a retiree, you meet their financial guidelines, contact Legal Aid of North Carolina to ask them if they could help you. Good luck
Tim Akpinar
my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have... View More
answered on Feb 3, 2020
They can levy it but if you show the proceeds are all social security, they will have to refund it.
When I was admitted for treatment at the ER, I indicated that I had no insurance and wanted the minimum of care necessary to resolve the immediate issue. Instead it appears that they ordered a battery of very expensive tests that have no medical necessity. At the conclusion of my last conversation... View More
answered on Dec 22, 2019
No, you probably don't want to wait for collections because you could be one step closer to a default judgment if anything slips up. Additionally, based on how aggressive any collection efforts would be, attorney fees could be thrown into the mix. A North Carolina attorney could advise you... View More
After a very lengthy unemployment following a layoff, I fell behind with a Bank of America credit card. They keep assigning it out to different collection agencies - it's on the third or fourth now. The debt is now two years old but they are still attempting to collect and being almost $29,000... View More
answered on Sep 24, 2019
Any property that is in your name can be seized by the sheriff and sold to satisfy the judgment. This is not a private sale, but an auction. There are many steps that have to be completed before the creditor gets to this point and you may have exemptions available to you that might protect the... View More
taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... View More
answered on Jun 19, 2019
Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without... View More
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