Legal Question in Credit and Debt Law in North Carolina
If a collection agency sues me over unpaid medical bills, can they garnish my wages? Could they place a lien on my car and/or force me to sell it? (fyi: apart from my car, I do not own any additional property and I already have a bankruptcy from 2 years ago, so filing bankruptcy is not an option). I am terrified my wages could be garnished. I make about $10/hrly and am not making ends meet as it is. If I lose my car, I will have no way to get to work. After a couple years of unemployment and living in homeless shelters, I fear I will be headed back there.
1 Answer from Attorneys
My answer generally is no, there is no wage garnishment in North Carolina. However, there are exceptions for certain medical bills. Was this at a private hospital or a state hospital like UNC? If it was a state hospital, then they can. If it was private, then no. They can garnish for ambulance bills as well. If it was just a doctor, then no, unless it was at UNC.
They cannot make you sell your car. I don't know what your car is worth or if there is already a car lien on it because you are financing it. You can exempt up to $3500 in equity in the car . If you have no added land, you get a wild card exception that you can apply to exempt any added equity if your car is paid for and worth more than $3500. Understand that I can talk in generalities but I really n eed to see your notice of rights and exemptions if and when you are sued and get them following entry of a judgment.
Know that the creditors are looking for cash - bank accounts are not exempt and you have to list them on the exemption form as well. My advice is to bank at an out of state or online bank, a small community bank or credit union or just keep very little funds in your account.
Since bankruptcy is not an option, you do need to get this resolved as it is not going away. How much do you owe? How much can you afford to pay towards the debt? Some creditors may be willing to work out arrangements whereby you can pay a monthly sum. In return, they promise not to execute (grab your car, bank account or other assets that they can grab and sell).
As you have not been sued yet, I would start saving up. When you get the notice of rights or if you have at least 50% of the debt saved, feel free to contact me and I can review your papers or try to settle the debts for a reasonable fee.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC