Legal Question in Credit and Debt Law in North Carolina

I just received writ of execution from the sheriffs office with a letter of payment of execution requested. I have already claimed my exempt property. This is so frustrating. If I had this kind of money then I wouldn't be in this situation. Anyway, my question is, this now HAS to be paid..correct?


Asked on 6/09/11, 2:38 pm

1 Answer from Attorneys

I don't have enough information and would need to see the paperwork. You said you filed your exemptions. Did you file them within 20 days? Assuming that you properly filled out the papers and timely filed them with the court, did you send a copy to the creditor's attorney and keep a copy for you?

Even if you did that, this only means that the sheriff cannot take whatever is exempt. He can still see if you have any non-exempt property. The papers are good for 90 days. After that, the sheriff cannot execute until you fill out the papers again.

There are alternatives - you do not have to pay the entire judgment at one time. I don't know anything about your assets or how much the judgment is for, but if it makes sense, why don't you just file for bankruptcy? If this is your only debt and is not all that large, have you tried to work out some kind of payment arrangement so the creditor will not execute? Most creditors want between 1% and 2% of the judgment as a payment. However, you have to pay at least as much as will satisfy the interest (it accrues at a rate of 8% per year) plus put something toward the principal.

If you are truly judgment proof, then don't worry about it. There is no wage garnishment in NC for most types of debts. You have nothing that can be taken. But I would start saving your funds. When you get about 50% of the debt saved, try to settle the judgment. Most creditors will settle a judgment for between 50% and 80% of whatever the balance is on the judgment at that time (include the accrued interest). If they say no, keep saving a bit more or see how close you are and see if you can pay what you have saved as a down payment with 1-6 pays of the balance. Most creditors will give you a better deal if you have enough to pay in a lump sum rather than over time.

Read more
Answered on 6/09/11, 5:24 pm


Related Questions & Answers

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