Legal Question in Credit and Debt Law in North Carolina

a year ago, a lawyer who has his own little company that buys junk debt and then sues, sued me and won a judgement for around 9k for a credit card debt of less than 5k. I couldn't pay and shortly thereafter was laid off. the only assets I own are an 11 year old car and a house that has the tax value of 250k, a note of around 150k and is virtually unsaleable (nothing has been able to be sold in 2 years in my neighbor hood). the realtor tells me that it is worth around 180k. I have told his law firm that I am unemployed and unable to pay anything in the recent past when they keep calling. today the sheriff served me the notice of rights to have exemptions designated. i have no other debt, except for the house and no other assets, money. is bankruptcy the only way around this or can I get an attorney and ask the judge for a motion for relief based on the fact that i didn't have a lawyer at the time of the civil complaint, and an unemployed? thank you for any help.


Asked on 2/01/12, 2:18 pm

1 Answer from Attorneys
Rachel Hunter

You need to fill out those exemptions. The exemptions must be filed within 20 days after your receipt. If you do not file the exemptions, the sheriff can come and take your car or any other asset that you own free and clear. You can exempt up to $30,000 of equity in your home (save the other $5,000 for your wildcard under question 8).

If you need assistance, I can help you fill them out for a reasonable fee. Please contact me at [email protected] if interested.

You cannot get an attorney and ask the judge for relief based on what you have stated. You knew about the lawsuit and it was your duty to do something about it at the time. The court will look at this as your fault for not having a lawyer. Unless you have a really good excuse (like you were in the military and stationed in Afghanistan and could not defend the lawsuit), any rule 60 motion is not likely to succeed. You are welcome to get a second opinion though as I don't know all of the facts or when exactly the judgment was entered. You only have one year to challenge a judgment.

Debts can always be settled for between 50% and 80%, even after judgment. I can help with that too if you are able to pay, if not now at some time in the future.

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Answered on 2/01/12, 3:02 pm


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