Legal Question in Credit and Debt Law in North Carolina

Your mother needs to see an attorney NOW to help her fill out the forms properly. She has only 20 days to do that. Even if she has nothing she still needs to do that. Please have your mother contact me at [email protected]. I can assist her for a reasonable flat fee.

In answer to your questions:

(1) the sheriff can attempt to execute and can come to your property. However, sheriff's do not like to drive around and come up empty handed. It is much more likely that the sheriff would leave a note on the door and ask your mother to call.

(2) If the sheriff does arrive in person, there is no requirement that the sheriff must be admitted to your property. Unless the sheriff is armed with a valid search warrant or is evicting you, he does not need to come inside.

(3) If the sheriff calls, he will try to get your mother to set up a payment plan. She will advise the sheriff that she has no income and no assets and is unable to do so at this time.

(4) The execution papers are good for 90 days and can be renewed any number of times. I have seen creditors renew and try to collect again 6 months after the first attempt; some may wait 1-2 years before they try again. It costs money to do this so a creditor is not going to be doing this every 90 days, especially when the debtor has no assets.

(5) The sheriff cannot seize property belonging to someone else for payment of your mother's debts. Your fears are unwarranted.

(6) Should your mother die, her debts do not pass to and your sister directly. They would become liabilities of your mother's estate. However, if she owns nothing at her death, there would be no probate. In such case, you would merely advise the judgment creditor that your mother died (attach a copy of the death certificate), advise that your mother had no assets and that there is no probate, and that you are not liable for the debt. We are getting ahead of ourselves though since your mother is alive and the condition of her estate in the future is unknown. Since your mother has a judgment against her, she cannot have any assets in her name. Judgments never go away. They are enforceable for 10 years and can be renewed for another 10 years.

It is not ethical for me (or any attorney) to discuss your mother's situation with you absent authorization from your mother. As I said, your mother needs to get up with an attorney to make sure the exemptions are completed correctly and her situation reviewed. The exemptions have to be filed within 20 days after the date of service. Your mother can protect up to $5,000 worth of personal property as well as use a $5,000 "wild card" (that is $10,000 worth of stuff!) to protect her bank accounts or anything else not covered by the $5,000 personal exemption. Please have her contact an attorney.