Legal Question in Credit and Debt Law in North Carolina

The motion for judgment on the pleadings was made because you probably admitted in your letter that you owed the debt. If this is what happened, it will do you little good to appear at the hearing unless you are now claiming some kind of defense to the debt - and the court allows you to amend your response to plead your defense.

If you do not appear, you will not be arrested, but a civil judgment will be entered against you. The judgment will stay on record for 10 years after the date of the judgment (not from when you last paid on the debt), and it can easily be renewed for another 10 years. The judgment will also show on your credit report. The creditor can take steps to try and enforce the judgment and you will need to promptly respond to any notice of right to claim exempt property in order to protect yourself. This will continue to be an issue for years to come. You have to promptly respond to exemptions every time they are served or else your property is at risk.

If you own real estate like a lot or a house, depending on the facts, potentially there could be a judgment lien on your real estate. An unpaid judgment can prevent you from being granted a loan to purchase real estate in the future. You will need to make arrangements to pay off the judgment before you can safely own real estate in the future without potentially having problems with liens. You might inherit real estate in the future, for example, and the judgment could end up being a lien on that real estate.

I don't havemuch to add. Whatever you filed was treated as an answer. The creditor is going to get a judgment against you. Whether you can pay or not is irrelevant to the question of whether you owe the debt and whether the debt is legally collectible.

If 4 years or less has passed since the debt went into default (assuming that the debt was created in Pennsylvania), then the debt is legally collectible, If it has been more than 4 years, see an attorney immediately so that you can have the attorney file an amended answer for you and raise the statute of limitations as a defense.

If the debt is legally collectible and you have no defenses as to whether you owe the debt, then no, you need not attend the hearing. Nothing will happen other than a judgment will be entered against you.

The question is how do you want to resolve the debt? Do you have at least 50% of the funds? Many creditors will accept between 50% and 80% of the amount owed to settle. If not, can you save up until you do? Do you have other debts? Maybe in that case you need to file bankruptcy.

Judgments are not the end of the world. I give free consults via email and can more specifically evaluate your situation. If you have the funds, I can resolve the debt for a reasonable fee. I also can give you some other options. Please contact me at [email protected] if interested.