Legal Question in Credit and Debt Law in North Carolina
I was served a notice of writs. I have recently sent in the motion to claim exempt property but it may have been more than 20 days. I do not own my home and I have a lien on my car with little or no equity. Is my best bet to just pay the clerk of court payments. The judgement is for approximately 11,000 and I of course do not have that kind of money but I am more than willing to make payments.
1 Answer from Attorneys
What is a notice of writs? Do you mean a notice of rights to have exemptions designated? You only have 20 days to fill that out from the day you received it. Carefully count the days to see if you are still inside that period.
I do not know what assets you have other than your car. While they may not take your car since it has a lien on it, they can and will grab your bank account if you keep money in there.
Bank 25-50 miles from your home, at a small community bank or credit union or even better, at an online or out of state bank if you do not want them to find your funds.
You indicate that the judgment is $11,000. The judgments are good for 10 years and can be renewed for another 10 years. That is a long time and, while I do not know your age, if you are young and hope to have credit again, you need to get this resolved.
You have the following options: (1) consult with a bankruptcy attorney to see if you can file; (2) pay the money to the clerk of court directly. Caution, if you do this, you will have to pay the full sum in order to have the judgment marked satisified. And you will have to pay enough per month to cover the interest and the principal if you want the balance to ever go down (interest applies at a rate of 8% per year); (3) work out some kind of settlement. I don't know who the creditor is - most want 50% to 80% of the debt (including whatever it has grown to with interest). If you don't have it, start saving and when you get 50% to 80% saved, see if they will accept it as payment in full. If you want to do payments, they can agree that they will not execute or grab your bank account, but they will want at least $100 a month from you, maybe more. Plan on 1% to 2% of the debt as a payment.