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North Carolina Collections Questions & Answers

1 Answer | Asked in Contracts, Collections and Real Estate Law for North Carolina on

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

We were asked by a home owner to help with a massive clean up to make a dead line for a company that leases the property's .

we have a contract for vacation rentals general cleaning with the lesser but the agreement with the owner was verbal.

More than 20 witness know we did the... Read more »

Paige Kurtz answered on Oct 19, 2017

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.

1 Answer | Asked in Consumer Law, Contracts and Collections for North Carolina on

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

and receive a judgment but all of our assets are joint. Will they be able to collect ?

Paige Kurtz answered on Oct 10, 2017

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... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Can a credit card company garnish your wages after being granted a judgement in NC

I work for Walmart in NC but my payroll is generated out of Arkansas

Paige Kurtz answered on Oct 3, 2017

Wage garnishment is not available in North Carolina. However, it would be possible for the judgment holder to file the judgment in Arkansas and seek to enforce it there. If wage garnishment is available in Arkansas, they may be able to collect in that manner.

1 Answer | Asked in Contracts, Collections and Consumer Law for North Carolina on

Q: I am located in North Carolina. Can a credit card company seize personal property to satisfy the unsecured card debt?

The credit card company did take out a judgement though the courts.

Paige Kurtz answered on Sep 20, 2017

If the credit card company has obtained a judgment against you, it can use real or personal property to satisfy the judgment. Once the 30 day appeal period passes, if the creditor is going to pursue collection of the judgment, they must send out Notice of Rights to you. This will include a Motion... Read more »

1 Answer | Asked in Civil Litigation and Collections for North Carolina on

Q: Please see additional information below.

Im in North Carolina. I was served with a collections lawsuit. The opposing asked the court for a court date on July 27,2017 and I was aware of the date that he asked for. However I was never given notice from the county courts office that this date was in fact THE court date. Now I have a judgment... Read more »

Cameron Lambe answered on Sep 18, 2017

It is unlikely the judgment can be vacated on those grounds. Because it appears that you were properly served with the complaint, the summons indicated that you had 30 days to respond. If you failed to respond to the complaint, then the creditor was likely within its rights to pursue a default... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Can a judgement be collected on for a friends burial that had equity in your property?

Paige Kurtz answered on Sep 5, 2017

Unfortunately, the question here is not clear enough for an attorney to be able to answer your question. If you can provide more detail, you will get a better response.

2 Answers | Asked in Contracts and Collections for North Carolina on

Q: I have an signed agreement to refund me $20,000 from a company but it is past due and they did not pay.

Shall I hire a lawyer to get a judgement and then find a way to collect the debt?

Cameron Lambe answered on Sep 4, 2017

Although you could represent yourself, hiring an attorney with experience in contracts and collections would be helpful considering the amount of money at stake. An attorney will be able to assist you to help ensure that you obtain proper service, file the right action, and follow the proper... Read more »

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1 Answer | Asked in Collections for North Carolina on

Q: Can a hospital sale your home you live in with your disabled nephew that they put a lien on for unpaid bills?

my friends mother passed away last year and he moved into her house to take care of his disabled nephew, He didn't know there was unpaid hospital bill. they gave him 3 weeks to pay it and took a lien out on the house. Can they sale the house and make him move.

Cameron Lambe answered on Aug 22, 2017

There are a lot of details missing from your question that could impact the final result. The type of medical services provided, the amount of the lien, the person against whom the lien is filed, and any lawsuit and court documents that you have so far would all play a part in determining the... Read more »

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for North Carolina on

Q: Can a default judgment be granted on me from a creditor legally without my knowledge?

I was in prison when granted. N issued. Now out and was served to list my exemptions. But all time to appeal n plead my case has passed. How is this legal without me being able to plead my case or argue the fact that the balance is more than what I actually owed. Also I'm the co signer..

Cameron Lambe answered on Aug 22, 2017

In order to obtain a default judgment, the creditor must have been able to show the court that you were served. There are many ways to serve someone, but typically if someone is in prison, the summons and complaint are delivered to the appropriate authority at the prison and delivered to the... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation, Collections and Construction Law for North Carolina on

Q: Am I required to give my full name, address, along with a copy of my license just to receive payment for hours I've work

I haven't been paid for hours I've worked since 3 weeks ago, and the boss always says he's going to pay me tomorrow or the coming week with no effort what so ever. He's constantly ignoring my calls or messages because he knows I'm asking about my money and now he wants me to send him my full name... Read more »

Kirk Angel answered on Jun 28, 2017

If you are an employee, North Carolina wage and hour law governs this. The law requires the employer to establish a specific pay date and must pay you on that date. There seems to be no legal reason for you not to be paid. If you are not an employee, then the law does not apply.

On a...
Read more »

1 Answer | Asked in Collections for North Carolina on

Q: We obtained a Default Judgement. The debtor owes nearly $25,000. Best methods to actually collect?

Paige Kurtz answered on Jun 12, 2017

There is no best method to collect but there are many options to try. Real and personal property assets can be seized to satisfy the judgment. Debtors are often willing to make payments. Trying to figure out what can be taken and what will result in payment on the judgment is not easy. The... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Is a judgment creditor required to provide serial numbers for debtor's personal property for sheriff to seize?

I have a judgment against a debtor, and Writ of Execution has been executed. Sheriff states that I need to provide serial numbers of any personal property item in order to seize it, to prove the item belongs to the debtor. I refer to household goods (not vehicles). This is virtually impossible and... Read more »

Paige Kurtz answered on Jun 5, 2017

The method to obtain the information that the sheriff requests is through post-judgment interrogatories or an exam of the debtor. Through this process what assets the debtor owns would be disclosed. Most creditors aren't picking up personal household goods because they simply are worth the time and... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Can a party (private elementary school) legally forward a debt to collections before sending you an invoice?

My daughter went to a Montessori school, but left two years ago. We just received notice we owed more than $5,000 in tuition (some more than 3 years old). The school was notoriously bad at invoicing parents more than a year late. We requested details on this debt, but then received a letter the... Read more »

Paige Kurtz answered on May 5, 2017

Generally yes, this can happen. Contracts have a three year statute of limitations and a review of the invoices and the facts would be necessary to determine if the debt was beyond the statute of limitations. This is a defense you will have to raise, so they can still proceed to collect the debt.... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Can a debt be put on my credit report over 10 years later?

I had several rental properties go into foreclosure in 2007-2008. The water bills were not paid by the tenants and the water company put them in my personal name. They just now put this on my credit report. Is that legal?

Paige Kurtz answered on Mar 13, 2017

The statute of limitations in North Carolina for breach of contract is three years. If the water company filed suit, you could raise the defense of statute of limitations and the case would be dismissed. Judgments are valid for ten years, but it doesn't sound like they obtained a judgment against... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on

Q: How do I renew a judgment against someone in NC when I don't have their current address?

Paige Kurtz answered on Jan 26, 2017

You will need to be able to serve the party at some point, with the renewal of judgment. If you are coming close to your deadline, you should go ahead and file the renewal. Then you'll need to attempt service in any manner possible. If all other options fail and after you have tried all other... Read more »

1 Answer | Asked in Collections and Consumer Law for North Carolina on

Q: A civil action was filed against me for credit card debt (NC). I owe, but can't pay. What is my first step to take?

This is in Carteret County. I was making minimum payments for over 10 years, but then my fiancee was out of work for a year. I changed jobs resulting in a pay cut of half my yearly income. I have been trying my hardest to dig myself out of debt, to no success as my financee had not found steady... Read more »

Paige Kurtz answered on Nov 23, 2016

If the civil action was filed, you should have received a summons and complaint. You have 30 days to file an Answer with the court (a 30 day extension can be obtained). If you owe the debt, the creditor will likely obtain a judgment against you, its just a question of when. I would file an answer... Read more »

1 Answer | Asked in Collections and Landlord - Tenant for North Carolina on

Q: I was evicted back in July 2013. Can collection agency sue me after 3 years or does NC statue of limitations apply

Paige Kurtz answered on Oct 4, 2016

The statute of limitations is a defense. The collection agency can file suit on the debt. It is your responsibility to raise the defense. If you don't, a judgment can be entered for the amount claimed. It also depends on when the statute runs from in this case. It may not yet be expired.

1 Answer | Asked in Products Liability, Collections and Consumer Law for North Carolina on

Q: How do my mom avoid getting.sued by rffc finanical? My mom is on disability and can no longer afford the payments plan on suing her for the money but she doesnt have it. We offered to give them back their product but they refuse to take it. We keep getting phone calls from a lawyer who has not provided us his name but is always threatening my mom. What should we do

Peter N. Munsing answered on Aug 18, 2016

First, if he calls write down what he says, as exactly as you can, the time and day. i'm not sure what the product is.

If she is judgment proof with a bit of advice she really doesn't have anything to really worry about. Try contacting a consumer attorney through she's on...
Read more »

1 Answer | Asked in Collections for North Carolina on

Q: Must a "dubious" collections "firm" serve me a MOTION TO CLAIM EXEMPT PROPERTY Form to collect on 6-year-old judgement?

I have been receiving calls from a woman, "Elaine Garcia" from a "firm" in California for a week. I answered the first call and said I was "not interested." They began by calling from a "private" number and then began leaving a CA number (626) 2... They also give a "case #" which doesn't refer to... Read more »

Paige Kurtz answered on Aug 10, 2016

Judgments are valid for ten years and can be renewed for an additional ten years, so anytime during the validity of the judgment, the creditor can attempt collections. Motions to claim exempt property are valid for one year if no writ of execution is issued. So a creditor can serve you with Notice... Read more »

1 Answer | Asked in Collections for North Carolina on

Q: How do I file a judgement against someone that owes me money and has stopped payment?

I own a independent car dealership. I sold a vehicle to a buyer. The buyer didn't submit the title as required to dmv showing his bank as lien holder. He then sold the vehicle and collected the payment and never paid his bank back. The bank then came after me for not ensuring that the paperwork was... Read more »

Paige Kurtz answered on Jul 26, 2016

In North Carolina, the maximum limit for small claims is $10,000 and the action must be filed in the county where the defendant resides. If you are unable to file small claims, you must file in district court. The action starts with a summons and complaint and there is no set form for the... Read more »

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