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North Carolina judgements

I lost my job and can't pay my credit card bill. I have been served a summons regarding a cival suit that I need to reply to. I have no money to pay anyone for anything. What happens to me now? Can they take my house or car?

savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

Credit card debts are unsecured debts. Unlike mortgages, they do not have collaterals attached to them. Thus, if you fail to pay your credit card debts, your credit card company cannot take possession of your house or car. They can however sue you for not paying off their debts and can get a judgment against you.

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sweetsixties,

First of all, you need to reply to the summons. Explain your situation in detail so that the court gets to know what kind of hardship or financial problem you're going through. By the way, how old is your credit card debt? In the state of North Carolina, the SOL or Statute of Limitation is around 3 years. So, the creditor has 3 years within which he can file a lawsuit against you. In case your credit card bill has exceeded the SOL period, you don't need to make payments at all. I mean obviously it'll affect your credit but if you start paying again, it'll restart the SOL.

[quote:0f04168208]Can they take my house or car?[/quote:0f04168208]
It depends upon the state laws as to whether your creditor can take away your home or car. There are states where the entire home can be protected by creditors. However, in North Carolina, the laws allow you to protect your property value up to $18, 500 from creditors.

Even if creditors don't take away the home or car, they can garnish the wages of the debtor after getting a judgment in court. I think you should start looking for some income source and negotiate with your creditors to settle the credit card debt for an amount less than the outstanding balance.

May god bless you.

Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In NC, can your salary be garnished? What if you've got a judgement against you but you have been laid off and can't find another job? How do the credit card companies get their $$$ when you've lost EVERYTHING because of today's economy? Maybe they can take your tax refund?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

HEY,

I HAVE SEVERAL CREDIT CARDS THAT I OWE AND I HAVE GOTTEN BEHIND ON MY HOUSE PAYMENTS. I WORK TWO JOBS AND MY HUSBAND HAS JUST GOTTEN A SECOND JOB SO I AM TRYING TO SAVE SOME MONEY TO GET AHEAD BUT IT IS GOING TO TAKE 3 TO 4 MONTHS FOR ME TO HAVE ENOUGH MONEY TO START PAYING SOME OF MY CREDIT CARDS OFF. I HAVE JUST RECEIVED A LETTER FROM ONE OF THE COMPANIES SAYING IF I DONT PAY THEY ARE GOING TO TAKE A JUDGMENT AGAINST ME. TELL ME WHAT ALL WILL HAPPEN IF I CANNOT PAY? CAN THEY GARNISH MY WAGES? CAN THEY TAKE ME TO COURT IN THE STATE OF NC?
THANKS

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Janie,

In North Carolina, wages cannot be garnished by the creditor. However, if the creditor files a lawsuit and gets a judgment against you, then they can garnish your wages. If you are getting a tax refund, then the creditor can take that money to satisfy his dues.

Hi DJW,

Wage garnishment is not allowed in North Carolina. However, if you are unable to pay your debts, then the creditors can file a lawsuit against you and get a judgment from the court. This will help them in either placing a lien on your property or they can garnish your wages.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can your savings account be taken, if a judgment is taken out on you in North Carolina. Mind you it is a small savings account made up of money from a workers comp. settlement.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you have a savings account and if the creditor gets a judgment against you, then he will be able to place a lien on your account.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If someone takes you to small claims court and sue you and win, and you don't pay the individual what can they do? They sued me in my name and business name.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi indebit,

If you do not pay the individual, then the person can take legal actions against you. You can be penalized for it.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

What is with all the misinformation? The answer is NO they cannot garnish you or levy your bank account for a credit card debt (sued for in NC)

"Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items."

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can my car be taken frm me in a judgement

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi reggie!

Welcome to forums!

The car can be taken away by the creditor if he receives such a judgment against you.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If u own one car, and only a car, can they take it for a judgement against you? And if it is titled in two names can theytake it?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

If you solely own the car, then you creditor can get a judgment and take it from you. However, if it is a joint property, then I don't think the creditor will be able to take it.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

ITS BEEN 4 YEARS CENTS JUDGMENT. HAVE NOT PAID. THEY SEND LETTERS SAYING TO CALL AND SET UP PAYMENT PLAN. I HAVE NO MONEY.MAYBE I CAN SEND 20 A MONTH. I OWE 4,000.WONDER IF THEY SAY NO TO MY OFFER.[font=Times New Roman:853faaf983][/font:853faaf983][color=Blue:853faaf983][/color:853faaf983][size=12:853faaf983][/size:853faaf983]

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

It will be better if you could contact the creditor and set up a payment plan with them. Inform the creditor about your financial situation and I'm sure the creditor will offer you an affordable payment plan.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I have to go to court because the creditor wouldn't accept that we would pay our bill late. It is now going into it's third month. If this isn't settled, can they file a judgment against us? We don't make enough to make the payment every month.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Marvin!

Welcome to forums!

If the creditor does not receive his payments on time, he may file a lawsuit against you and get a judgment in order to recover his dues.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in NC I have a credit card debt of 8000.00. I tried to pay the credit collector 100.00 they refused it. What can happen if I don't give them anything. My husband is laid off and there is only 1 income mine.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi alyse,

If you do not pay the creditor, then he can sue you in the court and garnish your bank account. The creditor can even charge off the account to a collection agency who will in turn harass you for the payments.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How long is a Judgment good for? 10 years? 20 years? I do know they must be renewed at some point in time.

Thanks, Curious

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

As far as I know, the Statute of Limitations in NC is 5 years. I don't think it'll be renewed after 5 years.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

judgement in my name car titled in mine and wifes name can they take car has no lien

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome jz,

Your query has been replied to in the given page:
http://www.mortgagefit.com/predeal/about52919.html

Take a look at it. I hope it will help you.

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sabrinatoss's picture
sabrinatoss | Joined: January 16, 2011 09:00 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Sussane is right. Joint property is not something that can easily be taken away by any creditor.

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sabrinatoss's picture
sabrinatoss | Joined: January 16, 2011 09:00 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you don't have the money to pay for it then just tell them about your situation by replying on the summons first before doing your next move.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In north carolina,if you have a judgement against you,can you still sell your property? The judgement is 12 years old.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi gldysart,

Unless you clear off the judgment, I don't think you will be able to sell off the property. This is irrespective of the fact whether the judgment is new or old.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

over 15 yr ago i hadan account with a loan co. they went out of business and 5 yr latter a group called first resolutions placed a judgement on there behalf. when the company closed igot no warning or forwarding address. help...

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jeannie!

Welcome to forums!

As far as I can understand, there are high chances that the SOL period for that account is over. In such a situation, the CA won't be able to take any legal actions against you if you can't pay off the debt.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I work for a finanical instutation and we have sent charge offs to a 3rd party to collect for any recoveries, if we are not getting any recoveries from the charge off loans, what would you condiser the next best thing to do? file a judgement or send out 1099c forms? Thanks in advance for any suggestions

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome pupps,

If the debt is forgiven, the 1099c forms need to be sent. If the debt has not been forgiven and if the account has been withdrawn from collections, then you can take legal actions against the concerned persons.

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