Legal Question in Credit and Debt Law in North Carolina

I reside in NC. There USA civil suit that has been filed in my county. I had an attorney fill out a notice of exemption. I have done this 4 times. I recently have learned that they have filed a lien against my mothers property for this. How can I get this resolved without any legal fees. I have no money, if I had any extra I would pay this off.


Asked on 8/18/16, 3:36 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

Unfortunately, without more information, there is no way to say how to resolve it. The only way a creditor of yours put a lien on property is if you have an ownership interest in it. If that's the case, only money will solve the problem whether its paying them or an attorney to solve it though debt relief or bankruptcy. If you don't have any ownership interest in the property, I don't see how they have a lien.

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Answered on 8/19/16, 4:01 am

You do not provide relevant details. Is the judgment against you? Or your mother? If the judgment is just against your, then it is not possible for the creditor to lien your mother's property. If the property is jointly owned by you and your mother and the judgment is against one of you, then it can be liened. Same if the judgment was just against your mother and she owned or owned part of the property.

When was the the judgment entered? Judgments last for 10 years in NC for enforcement purposes and they can be renewed for another 10 years. Once entered, the judgments automatically become liens on any real or personal property. Which means that you cannot sell t he item because the lien stays with the property. The only way to resolve judgments is to either pay in full, settle or file bankruptcy and get the lien discharged. The only other thing you can do is wait if you have plans to sell the property any time soon. You indicate that you have filed the exemptions multiple times .. but that does not tell me when the judgment was entered or when it will expire. You can hope that maybe the creditor will not renew it if you have no plans to sell. if you do, then file bankruptcy.

However, you need to lose the magical thinking. Aside from playing the wait and hope game, there is no way to resolve this matter without paying. You have the ability to represent yourself pro se but its never a good idea. People went to law school and got training and have experience. You would not do brain surgery on yourself or install a heating system in your home by yourself - most people hire professionals for whatever they need. Law is no different.

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Answered on 8/21/16, 12:15 am


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