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North Carolina Collections Questions & 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 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,...
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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

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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

James L. Arrasmith
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answered on Feb 25, 2024

It's understandable that you want to start fresh with the State Employee Credit Union and open a new account after 18 years. However, if they have a record of an outstanding loan from your previous account, they may require you to settle the debt before opening a new account. Debts, including... View More

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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
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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...
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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
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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....
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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?

N'kia (NLN)
N'kia (NLN)
answered on Jun 14, 2023

Generally, selling real property owned by tenants by the entirety converts the proceeds of the sale to the personal property of the respective tenants. As separate personal property, the proceeds are then subject to collections.

There is no real way to anticipate whether or not a creditor...
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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

2 Answers | Asked in Collections for North Carolina on
Q: I was served a civil warrant from a credit card company. I can't make the court date. Will I goto jail if I don't go?

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
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

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1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: What should I expect when I go to the county sherrif office for a writ of execution? I have no money to pay the judgmen

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
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

1 Answer | Asked in Collections for North Carolina on
Q: I later moved to North Carolina. Is my wife’s property safe from my debt

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
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

3 Answers | Asked in Collections for North Carolina on
Q: I need a listing of lawyers in Mecklenburg county that can consult me on a debt collection suit
Lynn Ellen Coleman
Lynn Ellen Coleman
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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1 Answer | Asked in Contracts, Business Law and Collections for North Carolina on
Q: I would like to know if a lien enforcement company can come to a personal residence to remove property.

I have a UCC lien and lien enforcement called and threatened to come to my residence. There was a limited personal guarantee that states they would be allowed in terms of a default to review the assets. The company has been making this threat every two months or so but it is now weekly. They left a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 28, 2023

It's difficult to address this in an online forum. Many facts are missing. It smells like scam to me. "UCC Liens and Enforcement" is supposedly the name of the collector? Have they sent you anything in writing at all? If not, another red flag of scam, including the threatening phone... View More

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Is it a must that I pay this finance company even if there are issues.
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. To avoid further delays, you should repost and add Civil Litigation and Collections, or reach out to attorneys in those categories to discuss options. Good luck

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