Having a very hard time in collecting money owed from someone even after a judgement has been awarded, a writ of execution served and a promise made to sheriff serving the writ. When does it stop costing more money to try to get money owed? What would be the next most beneficial and successful... Read more »
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...Read more »
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.
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 »
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.
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 »
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 »
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 »
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 »
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.
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 »
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..
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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.
The.company 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
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 »
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 »
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.