He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.
Original note was 144 payments of 550 due on the 15th monthly. I'm threatened with foreclosure all the time. He's changed my due date with no new installment agreement. I only have 4 payments left, but his balance reflects a balance of more than 3 times the amount I truly owe. I have 3 children.... Read more »
It sounds like you may have uncovered a despicable collection tactic used by some individuals to steal property from borrowers who are not paying attention along the way. According to your facts, the total amount you agreed to pay (beginning nearly 12 years ago) is $79,200 ($550 times 144); and...Read more »
I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... Read more »
This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.
Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.
Wasn't enough money to replace mailbox post and have it installed . Contacted citi taxi and they refused to cover expense or to give me name of taxi driver so at this point I don't have his insurance info to make a claim. I have his "hack" # and cab number, but not his name or insurance company.... Read more »
My friend and her then boyfriend had an agreement. She bought 2 kayaks, and he bought 2 paddles. He is claiming this is a gift and that she cannot take the kayaks back , even though she has the receipts to prove her purchase. Legally, is she right to take the kayaks that she purchased ?
Receipts only prove she purchased the kayaks - not that she currently owns them. He is claiming they are a gift (although why he would claim she gave him both kayaks is sort of dubious). If she can get the kayaks without breaching the peace, she can take them back but he may call law enforcement...Read more »
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...Read more »
He has been out of work since april 2017. He has paid a few bills here and there when he was getting unemployment. We are not doing good and he refuses to go to work or pay his half. He will not leave. He thinks this Is all funny. I know I can do it on my own bc I am doing it now. Is there... Read more »
You are in one of the worst positions possible - not married and own property together. You likely can't legally make him leave because he ownes the property and you can't use divorce law because you aren't married. Likely your only option if he won't agree to let you buy him out is to start...Read more »
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... Read more »
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...Read more »
The defendant has no property of value for me to take so it is my understanding my only other option is to try to get as much out of her bank account to be paid back. Do I need to know her account number to do this?
You don't need to know the account number, but you will need to know the bank that the defendant uses. The process is long and involves filing an execution and bank levy. If you have any questions about the process, please consult an attorney.
The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction
My friend wanted to buy my car so him and his wife would have a second vehicle for work, so I agreed to sell him my car for $1,200. He did not have the full $1,200 and needed the car urgently so I decided to let him use the car and make payments to me and I would give him the title when it was paid... Read more »
North Carolina has a statute that allows you to reclaim your personal property that has been wrongfully kept be someone else. Assuming you still have the title to the car, it should be relatively straight forward to prove that you are the owner of it. You may file an action in court to recover...Read more »
I was told by the Fire Marshall that my landlord didn't have property insurance and I didn't have renters insurance. I lost everything in the Fire. Can I go after the landlord for not having insurance?
Unless there is a written provision (which would not be typical) in the lease that requires the landlord to insure your property, it is your responsibility to maintain renters insurance. The landlords insurance would only cover the landlord's property.
over a cell phone she bought me then decided to ask for it back and charge me for it when she asked for a separation. Does it matter that she committed adultery? Do I have to pay her back for the gift of a phone?
I purchased ~$6k worth of the product, and subsequently found that it does not provide the protection that the manufacturer (a North Carolina entity) claimed. They have ignored my request to return the product, but I cannot sell something that I know doesn't work. In light of their refusal to... Read more »
Breach of express and implied warranties or if you talked to them, warranties of fitness for a particular person. If you purchased because they advertised over there, you may be able to sue over there. Otherwise, you have to come here. You don't get travel expenses.
I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... Read more »
If this does not work, go to www.nccourts.org. There are tabs running across the page. Select the forms tab. The forms tab lets you search by form number - just choose category and select small...Read more »
If the person suing for the debt does not show the case will be dismissed. If the debtor does not show, then a default judgment will be entered against the debtor.
If you are the debtor and you have any defenses or counterclaims, then you have to show up and argue your story to the judge -...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.