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... View More 
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.
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... View More
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... View More
Accept payments monthly does that stop them from taking our stuff
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... View More
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
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... View More
I was served papers for a Discover card judgement. I was told i had 20 days to return a paper with a list of exempt items or they would come back and start removing items. Can the do this or do i need to make a list? I was also wanting to know is there a certain amount i can sent them each month,... View More
answered on Mar 14, 2018
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... View More
answered on Feb 12, 2018
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.
I have filled out the form, and there is not enough space to list personal property, am I allowed to say in that space "see attachment" and have a a detailed list of my personal belongings and are my son's personal belongings in jeopardy?, I am told horror stories of the local... View More
answered on Feb 12, 2018
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... View More
I received an execution questionnaire a few days ago. I have already filed paperwork with the clerk for my exemptions a few weeks ago. The questionnaire asks for items that I am claiming exempt. Do I need to fill in these details again? What are typically the next steps after receiving the... View More
answered on Feb 12, 2018
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... View More
Hey! I hadn't really expected an answer. Especially not so quickly. Thanks. So I wonder if I'm pushing my luck to ask another related question? If the default judgments, expired, or were not renewed, can the accounts that the judgments were for still be collected on, by a 2nd or 3rd,... View More
answered on Feb 1, 2018
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.
There is a foreign judgement against me and they put a lien on my house.Judgement is from 14 years ago.It was a truck lease.I moved to Europe 17 years ago and I was never served.I came back 8 years ago.Does the statute of limitations start in NC when the judgement was originally made in NJ or when... View More
answered on Jan 29, 2018
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.... View More
In 1996 I had a judgement against me for the first time from a car I purchased in 1995. I thought I would wait the 10 years and in 2006 they renewed the judgement. I was told they could do this only once so I waited another 10 years. In 2016 they served me with another judgement. Is this legal for... View More
answered on Jan 22, 2018
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.
answered on Dec 5, 2017
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).
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... View More
answered on Oct 26, 2017
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... View More
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... View More
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.
and receive a judgment but all of our assets are joint. Will they be able to collect ?
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... View More
I work for Walmart in NC but my payroll is generated out of Arkansas
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.
The credit card company did take out a judgement though the courts.
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... View 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... View More
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... View More
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.
Shall I hire a lawyer to get a judgement and then find a way to collect the debt?
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... View More
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