Legal Question in Credit and Debt Law in North Carolina

my husband received a summons for his unpaid bank of america credit card last year. we responded of course and agreed to a monthly payment of $50.00 until paid in full. we have had some hard times and ended up missing 6 of those payments. On july 24 i sent them a letter stating that i knew the bill for that month was due by the 5th but i unforunatley could not make that payment until the 31st, not realizing i was $300.00 past due. on the 25th they sent out another judgement to pay money over and a notice of rights to have exemptions designated, should i fill this out? they will know everything that i own. what will happen if i don't fill this out and catch up on my payments and am never late again?


Asked on 8/24/09, 10:20 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

I would suggest you seek help asap - from a local attorney or legal aid etc. I can't answer questions like this without seeing the various forms you have already signed but it does seem like you may have either lost or settled a lawsuit, signed some type of consent or confession of judgment, defaulted and now they are executing. If they sent a notice of rights on the 25th, you would have 20 days to respond or you will lose any exemptions you had. Since we are at August 24, it would seem that you may have already waived your exemptions. Hopefully, your husband is the only one who has a judgment against him and most of your assets are joint. That would help from a collection standpoint.

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Answered on 8/24/09, 3:46 pm


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