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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
… the report, and get it removed from my credit report. If the credit score does not return to its pre incident value . Isn’t that defamation? Like textbook definition of defamation? Libel used to hurt my reputation?
answered on Jan 6, 2023
Probably not, no. You can try to make the argument in court, of course. Consult an attorney who does that kind of work; it will not be an inexpensive proposition.
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
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... Read more »
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... Read more »
My mom rented a tv and bed from a buddies home furniture store, she has made all her payments on time but she was in a wreck and has missed 3. She is going to catch them up but needs time but the store manager isn’t very nice and is demanding the payment or item or he will press criminal charges.... Read more »
answered on Nov 11, 2022
Criminal charges can be brought for intentional failure to return rent to own property. Intent may be presumed if she has disposed of the property, or has encumbered the property by
allowing a security interest to be placed on the property or by delivering the property to a... Read more »
Owe about $80K in card debt, 6/2020 judgment-11/18/2022 writ execu against husband only-Amer Exp Ntl Bank; (cards mostly charged by me--bipolar/manic). We rec'd Not 2 Claim Exemp which was completed & filed w/ atty help. About $10K in bank which inc bill $. Live in NC, own home-both names... Read more »
answered on Nov 6, 2022
The recent car you purchased is NOT exempt. Property purchased within last 90 days is NEVER exempt, whether bankruptcy or non bankruptcy. You cannot substitute this vehicle for the one that died. Consider having antother consultation with an attorney for a second opinion ASAP. You can keep... Read more »
answered on Oct 24, 2022
If you are speaking about references to attorneys on this web site, there is no difference. "Premium" attorneys pay for placement and advertising on this site. Others who have profiles here do not pay for advertising and actually many do not use this service through answering questions,... Read more »
The debt is only in her name.
Also,, She gets a paper check and has no bank account. I cash the check for her through my bank. We have very little equity in a jointly owned car. My major concern is the house but I think she is practically, "judgement proof."am I wrong? Thanks
answered on Sep 15, 2022
North Carolina has long recognized the common law creation and enforcement of the tenancy by entirety concept. Here's a good UNC law review article tracing its history.... Read more »
answered on Sep 12, 2022
There is no specific exemption for a health savings account under Federal or State law. North Carolina residents must use the $5,000.00 "wild card" exemption to cover HSA balances - assuming that the "wild card" is available. If a debtor uses up their $35,000.00 residential... Read more »
On final day they assaulted us verbally and threatened myself, due to repeated material delays and damaged product and illness late winter. We called 911 and 2 Deputies arrived. We removed tools/equipment from that job, leaving only couple last items on job for homeowner to install themselves. Our... Read more »
answered on Aug 26, 2022
If you received a criminal summons, hire a criminal defense attorney ASAP. Your business lawyer should be able to refer you to one in your area. Its a he said she said situation, and if this person who never shows up doesn't show up at the hearing, the criminal attorney should be able to get... Read more »
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 »
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... Read more »
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 »
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 »
The vehicle is jointly owned with rights of survivorship.
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 »
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 »
answered on Apr 7, 2022
Nothing you said jumps out at me as fraudulent. You have the right to do exactly what you did.
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.
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 »
And can they (the Trustee) also have your home appraised?
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... Read more »
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.
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 »
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