Legal Question in Credit and Debt Law in North Carolina

If someone owes you money from court order ,for pain suffering and services,& they want to change the order,do they have to go back to same court?


Asked on 7/14/14, 11:25 am

2 Answers from Attorneys

There is no way to change the order. The order is what the order is.

Your question really makes no sense. However, you have posted in debt collection so I am assuming that you are a plaintiff or defendant asking if the judgment could be resolved for something less than 100% of the judgment and if you did resolve it for less whether you would have to go back to court. The answer to that question is no.

If there is a judgment entered in favor of the plaintiff who was injured, then the defendant has a choice - either pay/resolve or get the judgment discharged in bankruptcy if that is permissible.

If the defendant is willing to pay something but not 100% of the judgment and if the plaintiff is willing to accept something less than 100% of the judgment balance, then the parties do not need to go back to court. The defendant and the plaintiff simply enter into a written agreement which acknowledges the judgment balance and indicates that the defendant is willing to pay x dollars in settlement of the judgment and after receipt and clearance of the funds the plaintiff will agree to mark the judgment as satisfied.

You do not indicate if you are the plaintiff or defendant or any of the other relevant details. When was the judgment entered? For how much? What assets/income does the defendant have? What are the defendant's circumstances? What about the plaintiff? What were the circumstances giving rise to the judgment in the first place? Was the judgment obtained by default or after a hearing? Has the plaintiff tried to execute on the judgment before?

You do not need to answer these questions here. But you need to think about the questions and depending on the answers, discuss with your lawyer. Settlement, if that is what you are talking about, may be a good deal in certain circumstances or it may not.

If you are talking about some other modification of the court order then the answer might be that you do have to go back to court. It just depends on what it is.

If I were you and I was either the plaintiff or defendant, I would be talking these things over with the attorney to see if it makes sense to settle. If you don't have an attorney, then I would consult with one. Since this includes pain and suffering, I assume its a personal injury case of some kind. If so, then I would speak to a personal injury attorney, not an attorney who handles other kinds of debts.

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Answered on 7/14/14, 3:58 pm
Kenneth Love Ken Love Law

I agree with Ms. Hunter. The only way a judgment/order is changed is if a timely appeal is filed. Otherwise, the defendant is stuck with it. Read her very thorough answer.

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Answered on 7/15/14, 6:33 am


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