Legal Question in Credit and Debt Law in North Carolina

There has been a judgement placed against me, now two months later, the attorney representing the creditor has sent a letter threatening a writ of execution. Should I contact the creditor directly to try to rep[air the issue?


Asked on 9/04/16, 4:12 am

1 Answer from Attorneys

No. You cannot contact the creditor direct the creditor directly. If you wish to settle, you call the attorney. But if you are in North Carolina, the creditor first has to have you served with a notice of rights to have exemptions designated and motion to claim exempt property. You have 20 dys to fill those out and file with the court. Those papers are very important. With the exemptions, it means the sheriff cannot take your stuff. The exemptions in NC are very generous. You can protect your bank account, equity in a home or car and your personal stuff. I will review the exemptions with you for a reasonable fee.

You should NOT make any payment plans until you first talk to an attorney like me or someone else. Unless you own more property than would be covered under the exemptions, payment plans are never a good are never a good idea in NC. Wags cannot be garnished here and things like Social Security is exempt.

How much is the judgment for? Who is the creditor? Their law firm? How much, if any do you have saved up? Do you have at least 50% of the balance on the judgment? If so, I also help to resolve debts, again for a reasonable fee. If you wish to consult me about your debts, please contact me at [email protected].

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Answered on 9/04/16, 12:14 pm


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