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North Carolina Collections Questions & Answers
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 »

1 Answer | Asked in Collections for North Carolina on
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

disability. now a new collection co. sent me a letter saying they were taking me to court. can they and whats my opp

Paige Kurtz
Paige Kurtz answered on Aug 14, 2018

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.

1 Answer | Asked in Collections for North Carolina on
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
Paige Kurtz
Paige Kurtz answered on Jul 27, 2018

Yes, anyone that signed the contract to be responsible for the car loan can be pursued for the balance due.

1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.

1- At the same time, my gf & her ex-husband jointly owned a different property.... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 23, 2018

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... Read more »

1 Answer | Asked in Bankruptcy, Civil Rights and Collections for North Carolina on
Q: Legal recourse for full wage garnishment resulting in home loss & lack of food if federal debt was legit?

This wage garnishment occurred 10.14 - 01.15. My spouse attempted filing for a hearing, but the Dept. of the Treasury repeatedly denied receipt of the request. We had been homeless / jobless 11.12 - 12.13. We rented a house. This wage garnishment forced us to live off food stamps alone. Our... Read more »

Timothy Denison
Timothy Denison answered on Apr 16, 2018

If the judgment was properly granted and the amounts garnished correct under your statute, there is likely no legal recourse against the creditors.

1 Answer | Asked in Collections for North Carolina on
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

I also asked if I could see all documents they had supporting the case against me he said he did not have them and was not required too. I had a business account with a business partner that I was supposedly taken off of because he took over my part of the business and we told the company that the... Read more »

Paige Kurtz
Paige Kurtz answered on Apr 12, 2018

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... Read more »

1 Answer | Asked in Collections for North Carolina on
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

Accept payments monthly does that stop them from taking our stuff

Paige Kurtz
Paige Kurtz answered on Apr 2, 2018

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... Read more »

1 Answer | Asked in Civil Rights, Collections and Small Claims for North Carolina on
Q: can my property be liened with a civil summons

i just got a civil summons for 2800 from calvry llc

i am on social security is only income

my wife and i and daughter live at house

we have no equity in the home

what should i do

Paige Kurtz
Paige Kurtz answered on Mar 22, 2018

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... Read more »

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