Legal Question in Credit and Debt Law in North Carolina

Judgement Agaisnt Me

I had a car repossessed. For the past 1.5 to 2 years I have been making payments to an Attorney at Law that is representing the place I bought this car from. Today they said I have to increase my payments, which I can't at the momment,or they are going to put a judegment on me. I offered to keep paying them what I could for the mean time. They said that was not good enough and told me that the total had to be paid off by Sep. 2006 or else. Then they said, ''Or I could just increase my payments''. First they said it had to be paid off by Sept. then they said unless you want to increase your payments. Is that legal and can they put a judgement on me when I am trying to do my best to work with them to pay this debt off?


Asked on 3/01/06, 6:05 pm

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

Re: Judgement Agaisnt Me

A creditor has the right to sue you and get a judgment once you default on your contract (usually when you don't pay on time). If a creditor accepts a payment arrangement after default, sometimes it makes a new contract, and sometimes it doesn't. It depends upon what your written contract said and what was promised when the payment arrangement was agreed to. It also depends on whether your creditor "accepted" your payments. You can keep paying what you can afford to pay, and if the creditor accepts the payment, they must credit that to your balance.

Keep in mind that even if your creditor sues you and gets a judgment, it does not mean they can take your property or your paycheck. North Carolina does not allow your wages to be garnished for a debt judgment, and a creditor cannot take your wages for up to 60 days after you are paid. Most people who have problems paying their debts spend all of their paychecks in 60 days or less. If the debt is in your name only and you are married, a judgment may not even be a lien on your home. North Carolina law allows you to protect from creditors a significant amount of property.

If you want to read additional information look at http://www.lawhelp.org/NC/

Legal Advice Line is also an economical resource for persons who are having trouble with debt collectors - www.legaladviceline.com

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Answered on 3/01/06, 10:30 pm


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