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North Carolina Collections Questions & Answers
1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on
Q: Can I remove a debt collection charge if I can provide proof that I am not responsible for the debt?

I found about $35 non-compliance fee per month charge for not providing a current renters insurance policy to my landlord. They charged me $70 for 2 months despite me having insurance. I discovered that they have a copy of my current policy and so far I only received $35, but will potentially... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 15, 2022

You are asking a hypothetical question. Typically a property management company would not submit this kind of thing to a credit bureau until after you move out because they would simply take the fee out of your security deposit.

Assuming that the landlord reports a debt of $35 plus late fee...
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1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I'm being sued by a debt coll There is one account# on the complaint and An alternate account # was used as evidence.

The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning, Civil Litigation and Collections for North Carolina on
Q: If I received fair market value to execute a new deed adding wife, can the transfer be reversed as fraudulent in NC?

I dont want to claim bankruptcy and my only goal is to protect the house. I am being sued by an unsecured creditor. I executed a new deed a year ago and my wife gave me $12,500 out of her 401k for repairs. Can this be considered fraudelent by a judgement creditor? I believe this to be fair market... Read more »

Timothy Denison
Timothy Denison
answered on Apr 7, 2022

Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.

2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... Read more »

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2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Can a Trustee make you have your home appraised if you are filing bankruptcy but not including your home?

And can they (the Trustee) also have your home appraised?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 1, 2022

When you complete your bankruptcy Schedules, which ask you to list every conceivable asset you have, and you sign them under penalty of perjury, it is not possible to "not include" your house.

A debtor's opinion of its value is generally admissible as proof of value, to be...
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1 Answer | Asked in Collections for North Carolina on
Q: I executed a new deed adding wife a year ago in NC. Can an unsecured creditor of my wife attach a lien or sever the TBE?

The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 30, 2022

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... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure, Real Estate Law and Collections for North Carolina on
Q: I added wife's name to deed in NC a year ago. Can an unsecured creditor of my wife attach a lien or sever TBE.
Ben Corcoran
PREMIUM
Ben Corcoran
answered on Mar 30, 2022

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.

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: I am trying to file an Application and Order for Extension of Time to Answer in Fayetteville nc (Cumberland County) ?

Im honestly confused do i go to the court house to fill out a form i cant find anything online?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2022

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... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Does waiting for surgery in a nursing home constitute normal place of residence

A person has been waiting for surgery for nine months. For one month he was unaware that his fractured hip surgery had become undone. He saw a trauma surgeon at a tertiary and he was advised of this separation and was referred to adult reconstructive surgery, he has to wait three months to see a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 11, 2022

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... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I received a phone call yesterday about a payday loan from 2009 that was delinquent. One payment of $50 was made in 2018

The caller said they were going to garnish wages and file a judgment. In SC the statue of limitations is 3 yes. Can they still file this

judgment? The loan was in SC

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Dec 17, 2021

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... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: I have hospital bill that I have been making payments for several months and they have accepted. Now is in collection.

Sent to collections without warning.is this legal ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 24, 2021

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... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: A civil judgment was placed against me on September 6, 2011.

A civil judgment was placed against me on September 6, 2011. I have not made payments on that judgment and still owe the money. Last week I received a civil summons regarding that judgment. I am assuming since it has been 10 years that they are “renewing” that judgment. If I do not respond... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 13, 2021

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.

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 27, 2021

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... Read more »

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Q: Can I bring suit against a former business partner for outstanding & defaulted credit card debt tied to me?

I have statements showing charges tied to him, none of which were made by me. I need help recovering the funds and working with the credit card company to resolve this. After many hours spent on calls trying to determine how and when this happened (initially thinking the card was fraudulently... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 12, 2021

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... Read more »

2 Answers | Asked in Small Claims, Employment Law and Collections for North Carolina on
Q: Can I take legal action to receive the total compensation I should have been paid while working there?

While interviewing for a chain restaurant GM position mid Dec of 2019 I was asked what annual salary I would accept to leave where I was currently employed and work there. I asked for 65,000 and the district Mgr at that time who was interviewing me agreed, but he said they would need to start me at... Read more »

Kirton M. Madison
Kirton M. Madison
answered on Jun 16, 2021

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... Read more »

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1 Answer | Asked in Collections for North Carolina on
Q: I have been served with a civil summons that needs a written response and im not sure what i am supposed to be writing.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 25, 2021

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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Q: Can I file a satisfaction of judgement. Paid amount in full about a month ago and have written notice without response?
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 17, 2021

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... Read more »

2 Answers | Asked in Collections for North Carolina on
Q: The lien was released via debt cancelation, per the statute of limitations. Are they required to satisfy the judgement?

The judgment expires this October. The bank rep says they have the options of: 1)allowing the judgement to expire 2)extending the judgement for an additional 10 years and/or 3)requiring some type of payment to satisfy the judgement. She says they are not required to satisfy the judgement unless... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 11, 2021

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... Read more »

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1 Answer | Asked in Real Estate Law and Collections for North Carolina on
Q: Does a judgment HAVE to remain in court records for 10 years in NC?

I had a lien on my property associated with a judgment. The lien was satisfied but the judgment remains in the court records. It expires in 5 months. Is there any way to have it removed immediately, or does it have to expire. The creditor said they will NOT extend the judgement.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 10, 2021

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... Read more »

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