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It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.
answered on Oct 22, 2024
You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.
The general rule is that debt collection lawsuits must be filed in the... View More 
answered on Aug 29, 2024
You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
I agree with James L. Arrasmith, in part.
It is true that the IRS does not usually attach itself to the title of any asset (like your home) if you are not included on the title. However, if you have enforceable rights of ownership, and those rights bear an equity interest, then the IRS can... View More
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answered on Jun 14, 2024
First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.
Consider transferring assets to family... View More
answered on Jun 10, 2024
A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More
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?
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
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
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,... View More
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
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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
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
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
The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer
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
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
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
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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
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
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
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
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... View More
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
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.
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
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
Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?
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... View More
Can I sell the house without paying the judgement? Do most creditors renew judgement liens after 10 years?
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.... View More
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?
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
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