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... View More 
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... View More
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.
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.... View More
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.
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?
answered on Apr 1, 2020
Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.
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?
answered on Mar 10, 2020
If the bankruptcy was dismissed, they can repossess the car.
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!
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
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... View More
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.
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
Subcontracted for company. They haven't paid full amounts and are claiming that they don't owe me for other jobs
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.
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.?
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... View More
disability. now a new collection co. sent me a letter saying they were taking me to court. can they and whats my opp
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.
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.
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.... View More
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... View More
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