Legal Question in Credit and Debt Law in North Carolina

I summons to small claims court on a promissory note. I owe Citi Financial 5,134.50.

What is the worst that can happen. I know they can place a judgement on me. Do I need a lawyer?

Will my wages be garnished? Help me understand this. I couldn't continue payment to them because of medical reasons,and loss of hours. Any advice is greatly appreciated at this time.


Asked on 1/18/10, 9:26 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

There is no wage garnishment in North Carolina for a civil judgment on a signature loan like the ones Citifinancial offers. They can get a judgment for $5,000.00 plus accrued interest and court costs in small claims court. The judgment will stay on record for 10 years or until it is cancelled when it is paid or settled. The judgment may be a lien on your home, depending on who else's name is on the deed. If you have a mortgage on your home they most likely will not be able to do anything more than get a judgment lien on it. If you are making payments on your car, or have an older car, most likely they can't take the car. They cannot touch your retirement savings at all. Most likely, they cannot take any of your property at all. I suggest you meet with an attorney to get advice more specific to your personal situation.

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Answered on 1/23/10, 1:39 pm


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