I’m married, and a NC resident. If a Plaintiff sues for more than $25,000 in District Court a motion to dismiss or remove to Superior Court may be appropriate. She has no assets in her name, no job, short of the sheriff coming a few more times I just don't understand what consequences still remain that would need bankruptcy. The idea that a judge will set up a payment plan is a HUGE misconception- they have no authority to do so. They are both with Bernhardt and Strawser in Charlotte NC. Can you offer some sort of settlement? The only bank account in his name is for his disability checks only. In some cases having a vacated judgment removed is as simple as disputing the item with the credit reporting agency and providing a copy of the “order to set aside” the judgment with a letter (look up a sample letter to remove judgement from credit report). Wage garnishment means that an unpaid creditor has sued in court and received a judgment against the debtor. In addition judgments accrue at 8% interest per year meaning this 23k debt could push towards $60k in 20 years! Failure to fill these out and file at the courthouse in 20 days will allow them to take anything you own or to go to your bank and withdraw money. Can my spouse be legally sued or held responsible for this debt? But the request for collection is from a company I've never heard of. I did try calling but got voice mail didn’t think much else about it and today they wiped out my checking and savings account. Do you have other credit cards debts waiting to sue you next? Winning a credit card lawsuit in North Carolina usually requires a lot of diligence and a little bit of luck. I’m unemployed due to medical issues, and obtained that debt during that period. I live in the state of NC. He is 18 on autism spectrum(high functioning) but not responsible. Once we are served, assuming we will be, what is your advice. Counterclaims- Fair Debt Collection violations, Fair Credit Billing Act, Fair Credit Reporting Act, NC Unfair debt collection statutes, Federal Unfair Debt Collection statutes, breach of settlement agreement, Bankruptcy violations. He was eventually terminated from his employer due to his illness and we are now in the process of applying for disability for him. He is disabled with only income being his disability check. No way to know at this point, but obviously if you aren't served via the Sheriff shortly they were lying. ​A creditor with a judgment lien could potentially take a vehicle titled in the name of the debtor. That being said, if you were sued you would generally be served via sheriff or certified mail. What can you afford to pay lump sum? Hi I received a notice of right to have exceptions designated on 3/8/19 and I kind of feel like I should have filled this out. What would be the most reasonable course of action for two married debtors who owe more in cc debt than they can possibly pay (over 100k), and are age 55 and judgment proof, and will be so for the future as well? Amount- The defendant may request a jury trial as to the amount owed. They say they are going to have a sheriff deliver me a summons to appear In court. Thus, if you fail to pay your credit card debts, your credit card company cannot take possession of your house or car. Statue of limitations say in NC you have 3 years to collect a debt. He does have 2 older cars that are paid off which are in his name as well. Not much cash in personal accounts. Current owed is about 8500. Thank you. In North Carolina, creditors can sue you for up to three years after your last payment was made. If you’ve stopped paying and the creditor believes you have assets that could be used to pay a court judgment, they may file a credit card debt lawsuit. We responded appropriately to the clerk of court and nothing happened again until two weeks ago when we received a packet from BOA lawyers about taking me to court. 1 decade ago. Wage Garnishments in North Carolina with court judgement. Interest is accumulated at the rate set by the court, or the maximum allowed by law in your state for judgment debt. Take a look at the following blog post: Well in the midst of this pandemic(and having to self quarantine two times because people I had had contact with tested positive), and homeschooling I honestly forgot about the cut off day. The banks take the position that use of the card constitutes acceptance of the terms of the contract. Credit card lenders and their debt collectors obtain a large number of judgments each year. 3 Answers. The must allow follow special rules outlined in NC statutes applicable to debt buyers. https://www.swlawnc.com/notice-of-right-to-claim-exemptions-in-nc.html. The title search company is attaching it to the property based it being in the same name as the judgement. A credit card judgment is a court order that rules in the credit card company's favor. In North Carolina, a judgment is enforceable for 10 years from the date it was entered. For specific legal advice about calendaring in your county I would recommend speaking with a local attorney. I've paid off all of my other cards and have managed to somewhat rebuild my credit. You don’t technically have to attend court just because you have been sued in North Carolina. Credit card debt, unlike mortgage debt, is unsecured debt. If your goal is to settle I would recommend calling the law firm now and proposing 30% or so as a lump sum settlement. You generally don’t inherit the debt of your spouse in North Carolina unless it is medical debt. Even without a contract there is a theory under the law known as "unjust enrichment" the bank could always fall back on as a means for recovery for at least the credit extended. By obtaining a credit card judgment, the lender gains the ability to use judicial process to sell the borrower's property or seize money out of bank accounts.The lender with a judgment can attempt to collect for 10 years or more. I do not agree with the amount they have. Not much point in paying one, but not the other. Most banks want at least 30% and Discover usually wants 70%- and those are lump sum numbers. You need to meet or at least speak with an attorney- ideally a local attorney. I own nothing and do not have a job to pay. Debt is $1,700. Failure to file a written Answer allows the creditor to seek a default judgment for the amount requested without the need for an actual court date or hearing. Your next move depends on what you are looking to do. In most cases, however, the credit card company will simply transfer or sell the debt to a collection agency. Judgment can become a lien on land. Favorite Answer. Yes- Credit cards are legally allowed to sue when the borrower is in default. There is not much wiggle room on a $1,300 debt where they also paid $150 to file the lawsuit and another $30 to have you served by Sheriff, not to mention whatever the law firm is charging the bank. Not as relevant since NCGS 7A-243 was amended to increase the jurisdictional amount from $10,000 to $25,000 in District Court. First they may have an out of state judgment in another state that does allow wage garnishment. ​Collection agencies or debt buyers can sue for credit card debt if they have all the proper documentation of the debt. Credit card companies have NO legal right to place a lien on a debtor’s home for credit card debt . A judgment in North Carolina is valid for ten years and can be extended one time for an additional ten year period by the filing of a new action based on the original judgment. You need verify the service date at the courthouse and meet with an attorney to help you fill them out ASAP. Judgment can be enforced by execution/through Court process. If you don’t dispute the amount owed and you expect to lose in Court then settlement may be your best option outside of bankruptcy. You also need to be prepared for any 1099 for the difference between what you paid and the current balance. How long does it stay on your cr? The amount is correct, I would like to reach a settlement or set up payments if that is an option. A judgment is an indicator of your ability to maintain your financial obligations. The account was only in his name. The judgment lien does not impair the exemption, and the lien cannot be avoided via section 522(f)(1)(A). You certainly could have challenged the debt in court before a judge. I was served with a Civil Judgement from Smith Debnam for $10k in cc debt. If the judgement is from a State other than NC, then the creditor could "domesticate" the other State's judgement so that it becomes a judgment in NC. Gross family income less than 35K annual. It is best not to let this go to judgment. 2. Well now that I look at the verification we requested in 2017 the last payment was 11/13/2015... so my question is how can the even seek a judgment when the statute of limitations has ran out? My parents' house is paid off and it's under both of their names. I am feeling very uneasy about this. What can they get? Armed with the judgment, the holder of the debt, called a “judgment creditor,” can take legal steps to seize the amount. Thanks. 2) What are the consequences of a "judgement" and 3) if required to respond - would i just admit to all paragraphs??? 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