North Carolina Collections Questions & Answers

Q: How do I sue for unpaid wages

1 Answer | Asked in Contracts and Collections for North Carolina on
Answered on Mar 8, 2019
Paige Kurtz's answer
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.

Q: With Lien notice, how much time before sale of home in NC?

1 Answer | Asked in Civil Litigation and Collections for North Carolina on
Answered on Oct 11, 2018
Paige Kurtz's answer
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 to your exemptions which will then require a court hearing on the exemptions.

Q: I had an unsecured credit card. lost my job and missed 4 payments. they sold it to a collection agent. I am now on mili

1 Answer | Asked in Collections for North Carolina on
Answered on Aug 14, 2018
Paige Kurtz's answer
If the debt has not been paid, the credit company or whomever owns the debt can file legal action against you to collect the debt. If that occurs, you should consult with an attorney to discuss your options.

Q: my mother is the borrower and I'm the co signer of a car loan, then car was repossessed. Can they come for both of u

1 Answer | Asked in Collections for North Carolina on
Answered on Jul 27, 2018
Paige Kurtz's answer
Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.

Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on
Answered on Apr 23, 2018
Paige Kurtz's answer
It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for a legitimate business purpose and for the value of the asset. Since your questions are fairly detailed, you will need to discuss the transactions with an attorney for complete assistance.

Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?

1 Answer | Asked in Bankruptcy, Civil Rights and Collections for North Carolina on
Answered on Apr 16, 2018
Timothy Denison's answer
If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.

Q: I have a lien on my home from a old debt I called to try and pay on debt and was laughed at and told I owe double

1 Answer | Asked in Collections for North Carolina on
Answered on Apr 12, 2018
Paige Kurtz's answer
If you sign a contract, there is no obligation for the creditor to remove you because of a split with your business partner. If you had a contract as a part of your split that the partner would take responsibility for this debt then you may have claims against the partner. In terms of the debt, I would request a copy of the court file then review it with an attorney to see if there are any options with respect to the judgment. The attorney will need to review how you were served and determine...

Q: I lost a judgment and now got 20 days to give property exempt for taking im trying get a monthly payment set up if they

1 Answer | Asked in Collections for North Carolina on
Answered on Apr 2, 2018
Paige Kurtz's answer
You will need to make that agreement with the creditor. Typically, when a creditor accepts payments it is in lieu of collecting on the judgment. You should confirm any agreement that you make with the creditor is writing and it should include a statement that as long as you are in compliance with the payment plan, no efforts will be made to collect on the judgment.

Q: can my property be liened with a civil summons

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Answered on Mar 22, 2018
Paige Kurtz's answer
If the debt is legitimate, then the best option is to speak to the creditor and attempt to get a payment plan to pay the debt. You have 30 days from the date you are served to file a response with the clerk. If you don't, the party will be able to get a default judgment against you. Once the judgment is entered, it attaches as a lien to any real property owned solely by you. The creditor can also seize personal assets to satisfy the judgment.

If the debt is not correct, you can either...

Q: In NC can the law come in where i live and take things due to a credit card judgement?

1 Answer | Asked in Collections for North Carolina on
Answered on Mar 14, 2018
Paige Kurtz's answer
Basically, any asset that you have may be seized to satisfy the judgment. If you have the opportunity to claim exemptions, you should do so. If you need assistance, you can make a request to the clerk for a hearing in which assistance will be provided, but you must do so within the 20 day time frame. The creditor is under no obligation to accept any payments from you. However, if you send them money, they probably won't turn it down, but they are also not bound to accept that amount every month...

Q: I have a judgement against me that is 3 years old. I bought a house can the creditor put a lien on my house?

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for North Carolina on
Answered on Feb 12, 2018
Paige Kurtz's answer
Yes. Judgments can be recorded as liens against any real property owned by the judgment debtor. If you bought a house in the same place were the judgment was entered, it is already a lien on the house.

Q: I have received a Notice Of Rights In North Carolina, will I get a visit from Sheriffs that can enter my home?

1 Answer | Asked in Collections for North Carolina on
Answered on Feb 12, 2018
Paige Kurtz's answer
You can always attached another list with specific personal items if there is not sufficient room on the form. It can also be described as "household furnishings" "clothing" or the like. Once your Motion to Claim Exempt Property is filed, the clerk will enter and Order on your exemptions. The creditor will then, more than likely, request a Writ of Execution to be issued by the clerk and then sent to the sheriff for you. Each county and creditor will be different as to how long this takes. The...

Q: What do I need to do with an execution questionnaire?

1 Answer | Asked in Collections for North Carolina on
Answered on Feb 12, 2018
Paige Kurtz's answer
There is no formal form known as an execution questionnaire, so I am not sure I can answer this question. If you have already filed your Motion to Claim Exempt Property and that was served on the creditor, the clerk will then issue an Order on your exemptions. If this comes from the sheriff, you can send them a copy of the clerk's order.

Q: Are creditors required to notify defendents if they renew a default judgment?

1 Answer | Asked in Civil Litigation, Consumer Law and Collections for North Carolina on
Answered on Feb 1, 2018
Paige Kurtz's answer
If a creditor files an action to "renew" a judgment for an additional ten years, they are required to serve you pursuan to the Rules of Civil Procedure the same as with any other lawsuit. Service options are certified mail, overnight delivery service, sheriff or process server.

Q: Does the foreign judgement start when it was transferred to NC.

1 Answer | Asked in Contracts and Collections for North Carolina on
Answered on Jan 29, 2018
Paige Kurtz's answer
Foreign judgments, if filed and served properly, become judgments in North Carolina just like domestic judgments with a ten year statute of limitations. Before the end of the first 10 years, it can be "renewed" for an additional ten years, but that does not renew a lien on real property. That lien expires after 10 years. If the creditor is taking action now, you should speak to an attorney because there are many more details that may be relevant.

Q: How many times can a judgement be renewed in nc

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Answered on Jan 22, 2018
Paige Kurtz's answer
A judgment can only be renewed once for a maximum of 20 years on the judgment. An attorney would need to review the documentation filed in 2016 to see what options are available to you in terms of resolving the 3rd judgment.

Q: i got a dui 17 yrs ago never paid fine got a call from collections can they suspend my dl now

1 Answer | Asked in Collections and DUI / DWI for North Carolina on
Answered on Dec 5, 2017
Kristen Dewar's answer
Are you sure your license isn't currently suspended? The DMV usually suspends for failure to comply with court-ordered fines, or for failure to be reinstated from your DWI conviction (which would include the county you were convicted in confirming to DMV that you had paid all ordered fines).

Q: What is the next step in collecting after a judgement has been awarded and a rit of execution has been served?

1 Answer | Asked in Collections and Small Claims for North Carolina on
Answered on Oct 26, 2017
Paige Kurtz's answer
There is no exact answer on the next best step. It really depends on the debtor and what steps might get their attention or result in assets that could be used to satisfy the judgment. There are other types of actions that can be taken to collect a debt. Its best to consult with an attorney as the post-judgment process can be complicated.

Q: As cleaning contractors can we place a lien on real property for a debt owed to us?

1 Answer | Asked in Contracts, Collections and Real Estate Law for North Carolina on
Answered on Oct 19, 2017
Paige Kurtz's answer
I think it is questionable whether this type of clean up meets the definition of an "improvement" that subjects a property to a lien. However, you do have a contract with the homeowner for the value of your services, even if that contract was verbal.

Q: My husband has about 25K in unsecured credit card debt he cannot pay. I understand that the credit card company may file

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on
Answered on Oct 10, 2017
Paige Kurtz's answer
Judgments against an individual are only enforceable against assets held by that individual. In North Carolina, real property of married couples is held as a tenancy as the entirety, so the judgment will not attach to this real property. However, other joint assets may be sold or seized to satisfy the judgment. Bank accounts and vehicles are possible to be seized and sold to satisfy the judgment.

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