Legal Question in Credit and Debt Law in North Carolina

judgements

a judgement was successfully filed 19 months ago against me and the sherriff sends out a notice of exemptions for me to fill out now, can they still execute? or must they do so the first 90 days and refile every 90 days after that, if they wish to try and collect. this file number has no other paper work in it at court house after judgement was obtained 19 moths prior.wouldnt trying to collect now be fraudulent and deceptive practices under Kimber v. Federal Financial Corp 668 F. Supp. 1480(M.D. Ala. 1987)(filing time barred collection suit violated 15 U.S.C.*1692f(federal Fair Debt. Collection Practices Act))?a paid counsel advised me of this after questioning that they only have 90 days to execute the judgement or reservice it every 90 days, was i told right ? or is this assumption wrong?

an answer would be much appreciated, i can hardly pay my mortgage much less the 4 judgements i have against me for a failed business 4 years ago all 4 were for credit cards that i didnt contest.


Asked on 10/12/08, 7:25 pm

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

Re: judgements

You already have a judgment against you. I don't have time to research the case you cite but I strongly doubt it has anything to do with it. Why would the collection suit be time barred - it was already filed and you already lost? I am guessing the case has to do with a situation where the statute of limitations passed before they filed the lawsuit. Once they filed a lawsuit, the statute of limitations is no longer an issue. Once they won the lawsuit, they have 10 years to execute. I would suggest you fill out your exemptions immediately - you have 20 days from service.

Read more
Answered on 10/13/08, 8:44 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina