Legal Question in Credit and Debt Law in North Carolina
I have a judgement against me for a misdemeanor petit larceny. The person who has the judgement against me said they are thinking about enforcing the judgement. Can they do that and if so how does that work? I do not have any assets or traceable employment.
1 Answer from Attorneys
This makes no sense. You either have a conviction for larceny or you don't. If you have a civil judgment against you, its not for larceny - it would be a civil tort action for conversion and might even be based on the same conduct but its not for larceny.
If there is a civil judgment, then yes, they can enforce it but they first have to serve you with a notice of rights to have exemptions designated. You have 20 days to fill them out and file them with the court.
The judgment creditor can freeze any bank account that you have and seize the funds in there unless you exempt them. There is no wage garnishment in NC for most debts.
If you have a criminal conviction, then the judge usually orders you to pay restitution to the victim at the time of sentencing. After you serve your time (if any) then you pay the resitution if you can. If the amount is too much, then you go back to court to see if the judge can lower the payments or give you more time.
If you stole the object, then you need to pay for it. You need to work this out. Either save up and pay off the creditor directly, make payments to the clerk of court in amount sufficient to pay the monthly interest plus something toward the balance, or you need to save up and see if you can settle the debt for less than the amount owed. Most creditors will accept between 50% and 80% of the judgment if you can pay in a lump sum or in 1 to 6 payments.
If you want to discuss your situation, I give free email consults. I also can help with the exemptions or resolution of the debt for a reasonable fee. Please contact me at rachelforjustuce@hotmail,com if interested.
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