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North Carolina Collections Questions & Answers
1 Answer | Asked in Employment Law and Collections for North Carolina on
Q: A former employer deposit funds in my account in error, am I obligated to repay those funds? What if I am unemployed?

A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... View More

Kirk Angel
Kirk Angel
answered on May 2, 2019

The employer can file a claim to get those funds back. If they do, they will then try to collect if from you.

1 Answer | Asked in Contracts and Collections for North Carolina on
Q: How do I sue for unpaid wages

Subcontracted for company. They haven't paid full amounts and are claiming that they don't owe me for other jobs

Paige Kurtz
Paige Kurtz
answered on Mar 8, 2019

At this point, you should consult with an attorney for your options in pursuing the balances that you claim are due to you. An attorney will need more detail and will need to review any documentation that you have.

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: With Lien notice, how much time before sale of home in NC?

Lien placed on home.

20 days and property exempt form submitted.

Will sheriff give notice and how soon can sale take place in N.C.?

Paige Kurtz
Paige Kurtz
answered on Oct 11, 2018

The creditor will have to have a Writ of Execution issued. Then the sheriff will have the authority to seize the house to satisfy the judgment. The timing depends on how soon the clerk can issue the writ and how fast the creditor gets it into the hands of the sheriff. The creditor may also object... View More

1 Answer | Asked in Collections for North Carolina on
Q: I had an unsecured credit card. lost my job and missed 4 payments. they sold it to a collection agent. I am now on mili

disability. now a new collection co. sent me a letter saying they were taking me to court. can they and whats my opp

Paige Kurtz
Paige Kurtz
answered on Aug 14, 2018

If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.

1 Answer | Asked in Collections for North Carolina on
Q: my mother is the borrower and I'm the co signer of a car loan, then car was repossessed. Can they come for both of u
Paige Kurtz
Paige Kurtz
answered on Jul 27, 2018

Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.

1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.

1- At the same time, my gf & her ex-husband jointly owned a different property.... View More

Paige Kurtz
Paige Kurtz
answered on Apr 23, 2018

It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to... View More

1 Answer | Asked in Bankruptcy, Civil Rights and Collections for North Carolina on
Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?

This wage garnishment occurred 10.14 - 01.15. My spouse attempted filing for a hearing, but the Dept. of the Treasury repeatedly denied receipt of the request. We had been homeless / jobless 11.12 - 12.13. We rented a house. This wage garnishment forced us to live off food stamps alone. Our... View More

Timothy Denison
Timothy Denison
answered on Apr 16, 2018

If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.

1 Answer | Asked in Collections for North Carolina on
Q: I have a lien on my home from a old debt I called to try and pay on debt and was laughed at and told I owe double

I also asked if I could see all documents they had supporting the case against me he said he did not have them and was not required too. I had a business account with a business partner that I was supposedly taken off of because he took over my part of the business and we told the company that the... View More

Paige Kurtz
Paige Kurtz
answered on Apr 12, 2018

If you sign a contract, there is no obligation for the creditor to remove you because of a split with your business partner. If you had a contract as a part of your split that the partner would take responsibility for this debt then you may have claims against the partner. In terms of the debt, I... View More

1 Answer | Asked in Collections for North Carolina on
Q: I lost a judgment and now got 20 days to give property exempt for taking im trying get a monthly payment set up if they

Accept payments monthly does that stop them from taking our stuff

Paige Kurtz
Paige Kurtz
answered on Apr 2, 2018

You will need to make that agreement with the creditor. Typically, when a creditor accepts payments it is in lieu of collecting on the judgment. You should confirm any agreement that you make with the creditor is writing and it should include a statement that as long as you are in compliance with... View More

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz
Paige Kurtz
answered on Mar 22, 2018

If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the... View More

1 Answer | Asked in Collections for North Carolina on
Q: In NC can the law come in where i live and take things due to a credit card judgement?

I was served papers for a Discover card judgement. I was told i had 20 days to return a paper with a list of exempt items or they would come back and start removing items. Can the do this or do i need to make a list? I was also wanting to know is there a certain amount i can sent them each month,... View More

Paige Kurtz
Paige Kurtz
answered on Mar 14, 2018

Basically, any asset that you have may be seized to satisfy the judgment. If you have the opportunity to claim exemptions, you should do so. If you need assistance, you can make a request to the clerk for a hearing in which assistance will be provided, but you must do so within the 20 day time... View More

1 Answer | Asked in Collections for North Carolina on
Q: What do I need to do with an execution questionnaire?

I received an execution questionnaire a few days ago. I have already filed paperwork with the clerk for my exemptions a few weeks ago. The questionnaire asks for items that I am claiming exempt. Do I need to fill in these details again? What are typically the next steps after receiving the... View More

Paige Kurtz
Paige Kurtz
answered on Feb 12, 2018

There is no formal form known as an execution questionnaire, so I am not sure I can answer this question. If you have already filed your Motion to Claim Exempt Property and that was served on the creditor, the clerk will then issue an Order on your exemptions. If this comes from the sheriff, you... View More

1 Answer | Asked in Collections for North Carolina on
Q: I have received a Notice Of Rights In North Carolina, will I get a visit from Sheriffs that can enter my home?

I have filled out the form, and there is not enough space to list personal property, am I allowed to say in that space "see attachment" and have a a detailed list of my personal belongings and are my son's personal belongings in jeopardy?, I am told horror stories of the local... View More

Paige Kurtz
Paige Kurtz
answered on Feb 12, 2018

You can always attached another list with specific personal items if there is not sufficient room on the form. It can also be described as "household furnishings" "clothing" or the like. Once your Motion to Claim Exempt Property is filed, the clerk will enter and Order on your... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for North Carolina on
Q: I have a judgement against me that is 3 years old. I bought a house can the creditor put a lien on my house?
Paige Kurtz
Paige Kurtz
answered on Feb 12, 2018

Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

1 Answer | Asked in Civil Litigation, Consumer Law and Collections for North Carolina on
Q: Are creditors required to notify defendents if they renew a default judgment?

Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd,... View More

Paige Kurtz
Paige Kurtz
answered on Feb 1, 2018

If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

1 Answer | Asked in Contracts and Collections for North Carolina on
Q: Does the foreign judgement start when it was transferred to NC.

There is a foreign judgement against me and they put a lien on my house.Judgement is from 14 years ago.It was a truck lease.I moved to Europe 17 years ago and I was never served.I came back 8 years ago.Does the statute of limitations start in NC when the judgement was originally made in NJ or when... View More

Paige Kurtz
Paige Kurtz
answered on Jan 29, 2018

Foreign judgments, if filed and served properly, become judgments in North Carolina just like domestic judgments with a ten year statute of limitations. Before the end of the first 10 years, it can be "renewed" for an additional ten years, but that does not renew a lien on real property.... View More

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: How many times can a judgement be renewed in nc

In 1996 I had a judgement against me for the first time from a car I purchased in 1995. I thought I would wait the 10 years and in 2006 they renewed the judgement. I was told they could do this only once so I waited another 10 years. In 2016 they served me with another judgement. Is this legal for... View More

Paige Kurtz
Paige Kurtz
answered on Jan 22, 2018

A judgment can only be renewed once for a maximum of 20 years on the judgment. An attorney would need to review the documentation filed in 2016 to see what options are available to you in terms of resolving the 3rd judgment.

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: What is the next step in collecting after a judgement has been awarded and a rit of execution has been served?

Having a very hard time in collecting money owed from someone even after a judgement has been awarded, a writ of execution served and a promise made to sheriff serving the writ. When does it stop costing more money to try to get money owed? What would be the next most beneficial and successful... View More

Paige Kurtz
Paige Kurtz
answered on Oct 26, 2017

There is no exact answer on the next best step. It really depends on the debtor and what steps might get their attention or result in assets that could be used to satisfy the judgment. There are other types of actions that can be taken to collect a debt. Its best to consult with an attorney as the... View More

1 Answer | Asked in Contracts, Collections and Real Estate Law for North Carolina on
Q: As cleaning contractors can we place a lien on real property for a debt owed to us?

We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .

we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.

More than 20 witness know we did... View More

Paige Kurtz
Paige Kurtz
answered on Oct 19, 2017

I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: My husband has about 25K in unsecured credit card debt he cannot pay. I understand that the credit card company may file

and receive a judgment but all of our assets are joint. Will they be able to collect ?

Paige Kurtz
Paige Kurtz
answered on Oct 10, 2017

Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy... View More

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