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North Carolina Collections Questions & Answers
1 Answer | Asked in Collections for North Carolina on
Q: In NC, if I make a payment to a "debt buyer" and not the original creditor - does the statute of limitations reset?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

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

1 Answer | Asked in Collections for North Carolina on
Q: My SOL on a credit card debt ran out in the middle of a court session. Are they still allowed to collect?
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

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

1 Answer | Asked in Collections for North Carolina on
Q: What can you do if the defendant fails to comply with the courts judgment of a settlement
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 19, 2013

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...
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2 Answers | Asked in Collections for North Carolina on
Q: I am on disablity income. I have a annuity with several judgements against me. can they take annuity?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

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...
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2 Answers | Asked in Collections for North Carolina on
Q: What can a summary judgement do to me on a bill under 10,000
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

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

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1 Answer | Asked in Collections for North Carolina on
Q: My house in N.C. will be foreclosed. Could BAC garnish my wages after there is a judgment .
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

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.

1 Answer | Asked in Collections for North Carolina on
Q: I HAVEA JUDGEMENT AGAINST ME AND NEED SOME LEGAL HELP TO FILL OUT INFORMATION ON FORM FOR ME. WHO CAN I CALL FOR HELP?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Mar 8, 2013

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

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