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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
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 www.naca.net.As... View More 
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... View More
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... View More
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... View More
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... View More
We didn't do a legal separation because we didn't have children or any personal property to divide. We are basically waiting for the year to be up so we can file for absolute divorce. She has all of a sudden decided to buy a house before our divorce is final. What do I need to do to... View More
answered on Mar 31, 2016
The good news is that you have martial and coveture rights to the house she is buying, and you are not obligated to pay the mortgage. The bad news is that this is exactly why everyone should talk to an attorney when getting a divorce. Meet with a family law attorney, pay the $100-300 to do so, get... View More
If I rent and my car has a loan and I do not have a bank account is there anything they can do? If I am removed from a joint account what can happen with my name being taken off?
answered on Nov 10, 2015
If they have a judgment, they may possibly claim that your name was removed from the joint account in an effort to avoid the judgment.
If the credit card debt is under old name, and will it do any good to not have a bank account in my name, even if its not the name they have put the judgement on?
answered on Nov 10, 2015
Yes, a bank served with a writ of garnishment might well not catch the difference in names. However if the DO catch it, the account certainly can be frozen and the levy can proceed.
If I have a credit card judgment against me, can the creditor place a lien on my home if the home is in my name but the debt is higher than the value of the home? The judgement is about 5 years old (exemption claims were already filed at the time the judgement was originally awarded) and, assuming... View More
answered on Oct 20, 2015
Yes, normally judgments are recorded soon after they have been entered. When this is done, they become liens.
There isn't much in the way of assets. We are jointly named on a mortgage and any money in the bank will only be from a life insurance policy that hasn't paid out yet. Which isn't much by the way as this was his third time around with cancer and therefore considered uninsurable.... View More
answered on Sep 18, 2015
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
Are there any statues that support small business owners for Nonpayment for services rendered, with regards to collection and going to court in the state of North Carolina?
Thanks!
Shannon
answered on Aug 7, 2015
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
He then sold it with out my knowledge now credit union wants there money,are there any thing I can do thanks
answered on Jul 11, 2014
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
Before the sale of the contents in the Unit payments were being taken out of my account and several months AFTHER the sale of the unit contents payments were being taken out of my account monthly ..I contacted the owners they said it was a "Fluke" and offered me 660.00 dollars for my... View More
answered on Jul 11, 2014
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
How do I get the rest of my property when she will not speak with me.
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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
Can a dental office in North Carolina still legally submit a claim to equifax or a collection agency on a balance that is from 2004, when small claims court dismissed their case on 2.4.2014, because it is beyond the 3 year statute of limitations?
answered on Mar 17, 2014
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
I have a judgement against me for cc debt. I offered cc company a reasonable monthly payment plan & they accepted. They agreed ( in writing) not to take further action if I kept my account current - which I have for over 2 years. I was served this week with a Notice of Right to Have Exemptions... View More
answered on Mar 17, 2014
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
answered on Nov 1, 2013
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
answered on Aug 16, 2013
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
answered on May 31, 2013
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
answered on May 6, 2013
Yes. No law requires that you be given notice of an intent to sue. Some creditors do that. Most do not.
answered on May 3, 2013
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
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