Legal Question in Civil Litigation in North Carolina

Claim for judgement

Without knowing more of the facts surrounding the judgement, it is not possible to answer your questions. Sometimes judgements can be legally entered without the judgement debtor knowing about it. These occur most frequently when a "default judgement" is entered. A judgement default can be entered if you were sued and did not appear or answer the complaint, or if the judgement creditor demonstrates to the court that it attempted to serve you and could not find you and may have been given permission to serve you by publication. If a default judgement was entered improperly, you may be able to overturn it, however many states have strict time periods for attempting to overturn a default judgement. Since the judgement was entered in 1995, the time for overturning it may have lapsed. As a starting point, you should locate the court that entered judgement and review the file. If the debt was legitimate, and the judgement properly entered, it is probably enforceable by the creditor. You should consult with an attorney in your state regarding this matter. A local attorney can best advise you regarding the validity of the judgement. In regard to interest, most states provide for interest to accrue on unpaid judgements. The rate is usually set by statute. If the judgement is valid, and your state permits interest at a statutory rate, you will owe the interest up to the time the judgement is paid. Again, a local attorney can best advise you on this matter."is there anything that I can do to get out of paying the interest. " If interest on judgements is allowed under your state law, the creditor is entitled to interest up to the allowable amount. In practical terms, creditors will sometimes compromise claims for interest when debtors are ready willing and able to pay off the judgement. This is a matter of negotiation between you and the creditor. Additionally, creditors will SOMETIMES compromise claims if payment is forthcoming.

Judgment negotiation

Mr. Glosser gives an excellent analysis and background of the law regarding your inquiry. I would also stress Mr. Glosser's point regarding the compromise of the judgments. Often, especially with smaller judgments, creditors will be willing to cancel the judgment for a fraction of the full amount . The decision is often purely economic for the creditor in that the creditor must evaluate how "judgment proof" you are with the expenses necessary to collect on the judgment. Please note it is most advantageous to retain an attorney to negotiate this accord. This way you can be better assured that you will not be taken advantage of by the creditor for your payment of money and that the accord will be more clearly understood by all parties.