Legal Question in Credit and Debt Law in North Carolina

i received a civil summons from discover and yes i incurred the debt and want to pay i just can't give them the large amount they are asking at one time the bill is $2100.00. I have made several attempts to agree on a small down payment and payments which i plan on stating in my answer to them I also asked they close the account to prevent the late payments and over the limit charges which they would not. Anyway, i'm not trying to get out of it i want an agreeable solution. My questions are #1 and i going to jail #2 will they garnish my wages. Thank you.


Asked on 9/22/11, 11:07 am

1 Answer from Attorneys

No you are not going to jail. It is not a crime (yet unless the Republicans take over) not to pay your bills. And no, they will not garnish your wages as there is no wage garnishment in North Carolina for a credit card debt.

No, do not state in your answer that you will pay. In fact, if you owe the debt, don't answer at all.

Don't make payments. The debt can be settled for less than what is owed, anywhere from 40% to 80% on average.

Put the money into a savings account and when you have at least 50% of whatever the debt has grown to (there is interest, but the interest rate is a lot less than Discover's interest rate and there will be no further fees added, so its a good thing that they have sued you) you can try to settle the debt.

A judgment does not mean a lot. Its what Discover can do with the judgment that is important. The judgment gives them the right to collect in a process called execution. To collect, they first have to allow you to set aside certain property as exempt. You will receive the exemptions from the sheriff. Without the exemptions, they cannot collect at all.

I can help you fill out the exemptions and I also can help resolve this debt for a reasonable fee. Please contact me at [email protected]. If nothing else, I give free email consults and I would be able to give you better advice if I had more of the details.

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Answered on 9/22/11, 9:32 pm


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