I am sorry to hear about your husband's passing. Although your husband’s estate will be responsible for paying his credit card bills and his other debts, you may be able to get most of his assets out of his estate before the creditors receive anything.

First, did your husband name... View More

Legal Aid of NC has a comprehensive guide to small claims court, with links to all the forms. https://www.legalaidnc.org/public/learn/publications/small-claims/default.aspx

Co-signing is ALWAYS a bad deal. By co-signing, you are in essence telling the lender "go ahead and make the loan because if the primary borrower does not pay, I will." And if a person needs a co-signer it means that he either has no credit or more likely, bad credit, and that you are... View More

Yes, there is a statute of limitations. It is three (3) years for most things in NC. Your ability to prevail in a lawsuit here is problematic (note I did not say impossible - I said problematic). (1) Contracts by storage facilities generally allow the storage facility owner to enter a storage... View More

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answered on May 9, 2014

There are plenty of illegal ways to accomplish this but they would all likely land you in serious trouble. The two most common legal ways to handle it would be:

1) to file a civil small claims suit against her for either the return of the property she kept or if she has disposed of it the... View More

You ask 2 questions - can they do it? Sure. They could refresh the date of the debt and lie to the credit bureau. Will they do it? Don't know. If they try to do it, you need to be vigilant and monitor your credit reports. If the debt appears, you need to dispute the debt with the credit... View More

Ronald Reagan said "trust but verify." Or to quote another saying, "trust in God but lock your car anyway."

I don't trust creditors and seek to protect clients. I would have advised you to fill out the exemptions anyway - there is no downside to doing so. But if... View More

Not paying one's debts is not usually a matter for criminal law. Unless you "borrowed" the money with the express intent never to pay it back, then the answer is no.

Is this a payday loan? Payday loans are illegal in NC. See the article on payday loans at my website:... View More

It depends. You do not provide any information and I have not seen the document. Is there a judgment against you? Have you agreed to make any kind of payments? If there is a judgment does the creditor promise not to execute on the judgment for so long as you make payments, then its probably ok... View More

Payday loans are illegal in NC. Can a company threaten you with arrest? Sure. Will they follow up? No. Its the equivalent of a drug dealer calling the cops to report a robbery of his drugs or money. Would a drug dealer do that? No because the drug dealer would implicate himself in a crime.... View More

Yes. No law requires that you be given notice of an intent to sue. Some creditors do that. Most do not.

The creditor first has to serve you with a notice of rights to have exemptions designated and motion to claim exempt property once a judgment is entered and becomes final. If you get the exemptions, you have 20 days to fill out and file with the court. You can protect up to $30,000 in your home... View More

No, I don't think so.

Yes. Partial payment will revive the statute because you are re-acknowledging the debt.

Yes if a lawsuit was filed prior to expiration of the statute of limitations. The statute begins to run from the date of your last payment. It is 3 years in NC. If suit was filed in 3 or less years from the date of your last payment, then suit is timely regardless of when judgment was entered... View More

Is the defendant a person/individual or a business corporation/LLC or some other type of organization?

If the defendant is a person, to collect on any judgment for money, you would first have to serve the judgment debtor with a notice of rights to have exemptions designated/motion to claim... View More

It depends. Most retirement income is exempt in bankruptcy, but for purposes of a state court judgment outside of bankruptcy, then bankruptcy law does not apply. The annuity may be exempt under ERISA (a federal law) or exempt under some other exemption.

I suggest that if you receive papers... View More

With a judgment, a creditor can seek to execute (collect) the judgment. Assuming this is in NC, the creditor must first serve you with documents called a "notice of rights to have exemptions designated" and "motion to claim exempt property." These documents are very important.... View More

If the property is in NC, you live in NC and you would be sued for any deficiency or sued on the note in NC, then there is no wage garnishment.

Me! I will assist you in filling out the form for a reasonable fee. Please email me at rachelforjustice@hotmail.com if interested.