Legal Question in Credit and Debt Law in North Carolina

what is a default judgement-help please

I received a summons from the sheriff about a month ago from a credit card debt I owed and could not pay for my husband lost his job twice last year and is making less than 1/2 of what he did previous.I just received a default judgement in the mail. What is this? I did not see any court date on any of the papers I received from the sheriff only dates they filed the papers. What happens now? I read where they can come and take property from the home. Is this true? We spoke with a bankruptcy atty. in Feb. but he advised us to catch up on our house and cars before we file. We were behind on all bills. What should I expect now from this judgement againest me. We may not be caught up on our house and cars until the end of July or aug. Help please this has all been a nightmare since last year. I have heard different things- a sheriff will come and remove items,or I will be sent a paper and write my exemptions,or I also heard that the credit card company may not do anything from this point. What is true and what do I need to do and what happens next? Thank you


Asked on 5/18/06, 1:57 pm

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: what is a default judgement-help please

You were required to file a written answer to the complaint within 30 days after you were served with the summons and complaint. A default judgment is entered when the defendant (you) does not file a written answer. The creditor has obtained a money judgment against you. They most likely will serve you with a Notice Of Right To Claim Exempt Property, which is your chance to claim your exempt property. DO NOT IGNORE THIS because you only have 20 DAYS to file your exemptions and if you don't file the properly you WAIVE them.

I always recoomend that debtors sit down with a lawyer to at least talk about what property they own and what should be listed where on the exemption form. Many lawyers will provide this service at a nominal fee. The lawyer you spoke about bankruptcy with is a good place to start. I am in your area and I do offer services to people in your situation.

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Answered on 5/18/06, 5:15 pm


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