Lawyers, Answer Questions  & Get Points Log In
North Carolina Collections Questions & Answers
1 Answer | Asked in Small Claims and Collections for North Carolina on
Q: I obtained a loan for 1,000 in Dec 2019 and unfortunately defaulted. With added I retest and fees balances went to almot

6,000. They offered a settlement of around 1500. I was able to send in $550 but was unable to settle as soon as they wanted. I continued to stay in contact but they voided the settlement. I am in NC but the loan originator is out of state. My question is will they automatically garnish my wages or... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 28, 2020

More details are needed. Was this an internet "payday loan"? if so, they are unlikely to sue. If this was a local finance company or a bank, they might sue or they might not. We do not have wage garnishment in North Carolina. If this is an out of state lender they may sue you in that... Read more »

1 Answer | Asked in Collections for North Carolina on
Q: Can my home, vehicle, personal belongings and child support be taken to repay a judgement?

My previous landlord was granted a judgement against me for unpaid rent that was recorded in 2018 in Florida.

I was divorced a few months later and used my divorce settlement as a down payment on a 40 year old house in North Carolina. I have a mortgage than is just over a year old and I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 18, 2020

The judgment has to be recorded in North Carolina first. This is done by them filing a new lawsuit ehre in North Carolina seeking to have the Florida judgment recognized and having you served with the lawsuit. Once that is granted, your creditor has to send you a "Notice of Right To Claim... Read more »

2 Answers | Asked in Collections for North Carolina on
Q: I have a judgement that is in the clerk of courts, what should I do?

this judgement has been in existence since 2008, I thought it was no longer there, when I did not see it on my credit. I am in the process of purchasing a home. The clerk at the courthouse said I could pay it off or make payments. Is there a way I can contact the Law firm that this judgement was... Read more »

Paige Kurtz
Paige Kurtz answered on Aug 12, 2020

Do not payment the judgment or make payments. If the judgment was entered in 2008, it has expired, unless the creditor filed an action to renew the judgment for an additional ten years. If the judgment was renewed, meaning there should be a new judgment with a more recent date, then you do need to... Read more »

View More Answers

1 Answer | Asked in Collections for North Carolina on
Q: I received a summons and complaint a few days ago for a voluntary repossession. I know I have 30 days to respond.

I do not dispute the validity of the debt but have tried to make small payments and have been advised payments are not an option. I am a single parent living solely on social security disability and have no other source of income. I do not own anything . I live with family. Should I go ahead... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Aug 7, 2020

Filing an Answer will delay the entry of a judgment against you for a little while. If you do not file an Answer, a default judgment will be entered. You may have some legal defenses if you were not notified about the sale of the vehicle properly, or if the sale was not conducted in a reasonable... Read more »

1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Public Benefits for North Carolina on
Q: I am having a problem with the City of Shelby, I've been paying my power bill late but never have I not paid it..

I just want some one to help me go through my power bills to explain to me I am 67 and I think they are taking advantage because I don't read well.

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

This does not sound like a legal matter that you need to involve an attorney for. Considering the amount of ordinary household utility bills, attorney fees might not be justified. You could see if their customer service department could help explain your bill. If you aren't satisfied, you... Read more »

1 Answer | Asked in Contracts, Health Care Law, Estate Planning and Collections for North Carolina on
Q: Can the hospital really take my father’s home for payment of 7 days In the hospital with no insurance?

My father had no will but anticipated leaving me everything as he is not married and has no other children. I am the administrator of his estate. The hospital has filed a claim against the estate for $111,000. The sum of his final 7 days on this Earth in the hospital with no insurance. He had no... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2020

Try working with the hospital to reduce the debt and agree to make regular payments to pay it all off within a reasonable period of time. Hiring a lawyer might help.

1 Answer | Asked in Consumer Law, Collections and Small Claims for North Carolina on
Q: A Judgement was filed against me for credit card debt how do I need to respond?

It was filed in the local District Court on May 15, 2020, the cover letter was dated May 28, 2020 and I received it Jun 1, 2020. I am a single mother basically living paycheck to paycheck. What recourse do I have and what do I need to file as a response? The judgement was filed in Onslow County... Read more »

Paige Kurtz
Paige Kurtz answered on Jun 2, 2020

It sounds like you may have received a Summons and Complaint. The face of the Summons states that you have 30 days to file a response to the Complaint. You can either do that on your own or with an attorney. You can also request a 30 day extension if you need it. If you owe the debt, you might... Read more »

1 Answer | Asked in Contracts, Business Law, Collections and Small Claims for North Carolina on
Q: What can a business do when a corporate customer chooses not to pay? Approaching 200 days past due. Written Contract.

We were contracted by a new customer to provide a skilled service and materials for a project. The new customer is a multi million dollar company in NC. We are a 4 person small business in NC. We fulfilled our end of the agreement, but the customer now says they can't pay us (they can't... Read more »

Paige Kurtz
Paige Kurtz answered on May 14, 2020

You can certainly pursue a claim against the company for balance due. Based on the amount, I would suggest filing a small claims action. It will have to be filed in the county where the company is based and you will have to present for the hearing. Otherwise, it would have to be filed in District... Read more »

1 Answer | Asked in Civil Litigation, Collections, Domestic Violence and Small Claims for North Carolina on
Q: Can my ex take me to a collection agency for this?

My (now) ex and I share the same phone plan. It is under his name and he pays for it. I used to just give him my half every month. Now that we are broken up, I blocked him on everything. I am figuring out getting my own phone plan but there is technically still money that I owe him to date.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 16, 2020

If you had agreement that you would pay half of the bill, then yes, he can seek to collect from you. Given the amount, he would probably file an action in small claims.

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: I have a money judgement from Florida and I live in North Carolina. What are my next steps in resolving this debt?

I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: Can my car be legally repossessed if it was being paid in bankruptcy?

I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?

Timothy Denison
Timothy Denison answered on Mar 10, 2020

If the bankruptcy was dismissed, they can repossess the car.

1 Answer | Asked in Collections and Health Care Law for North Carolina on
Q: Can a Hospital give (sell) my debt to the Bank they have been sending my payments? Thank you.

They did this; if I want to continue paying the Hospital I have to pay twice as much more to cancel the debt by the end of this year. I am going to be 65 y/o in March. I have never missed a payment! Please advice! Thank you!

Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

Unfortunately, such practices are not that uncommon in terms of selling debts to new entities. You say you are 65. If, as a retiree, you meet their financial guidelines, contact Legal Aid of North Carolina to ask them if they could help you. Good luck

Tim Akpinar

1 Answer | Asked in Collections for North Carolina on
Q: If I received motion to claim exemptions on the same day I paid my judgement and my balance is zero, do I still file?

We received the motion to claim exemptions paperwork from the sheriff on the same day we paid the balance of a judgement debt. I called the creditor's lawyers and they state our balance is zero and they won't be moving forward with any further collections processes but that it will take a... Read more »

Paige Kurtz
Paige Kurtz answered on Feb 19, 2020

It doesn't seem as if there is any need to file the motion. The creditor's attorneys have confirmed that the balance is zero. Not sure how you paid, but if it was to the Court, then you should have a receipt. If you paid the attorney's office, then your cancelled check is proof of payment.

1 Answer | Asked in Bankruptcy and Collections for North Carolina on
Q: we live in nc. we owe a credit card that we can't pay. we live on social security. can they levy our checking account

my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have... Read more »

Timothy Denison
Timothy Denison answered on Feb 3, 2020

They can levy it but if you show the proceeds are all social security, they will have to refund it.

1 Answer | Asked in Collections, Consumer Law and Contracts for North Carolina on
Q: How do I draft a letter disputing billing for a medical event or do I wait for collections before getting legal advice?

When I was admitted for treatment at the ER, I indicated that I had no insurance and wanted the minimum of care necessary to resolve the immediate issue. Instead it appears that they ordered a battery of very expensive tests that have no medical necessity. At the conclusion of my last conversation... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 22, 2019

No, you probably don't want to wait for collections because you could be one step closer to a default judgment if anything slips up. Additionally, based on how aggressive any collection efforts would be, attorney fees could be thrown into the mix. A North Carolina attorney could advise you... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: If there is a judgement against me and a creditor places a lien on my property, can they force me to sell?

After a very lengthy unemployment following a layoff, I fell behind with a Bank of America credit card. They keep assigning it out to different collection agencies - it's on the third or fourth now. The debt is now two years old but they are still attempting to collect and being almost $29,000... Read more »

Paige Kurtz
Paige Kurtz answered on Sep 24, 2019

Any property that is in your name can be seized by the sheriff and sold to satisfy the judgment. This is not a private sale, but an auction. There are many steps that have to be completed before the creditor gets to this point and you may have exemptions available to you that might protect the... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina on
Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 19, 2019

Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without... Read more »

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... Read 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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.