QUESTION

Does anyone have any ideas of what I should do if I have a judgment against me from December 22, 2011 for an old credit card I could not pay off?

Asked on Mar 26th, 2014 on Bankruptcy - North Carolina
More details to this question:
I did not even get a summons to go to court. I have a notice of right to have exemptions designated as well as property. I have a house and a car. This is an unsecured loan from what I read can they take these things and what will they do? I also live in NC.
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2 ANSWERS

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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You need to consult wit a debt collection defense and/or bankruptcy attorney ASAP. You have a limited time, less than 20 days to handle this matter and could have devastating consequences if you don't.
Answered on Mar 28th, 2014 at 2:22 PM

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Yes, I do have some ideas. If you have been served with a notice of rights you have 20 days to fill them out and answer. Those papers are very important. Please see me or another attorney to help you. You can protect your house and car (depending on value) by filling out the exemptions. If you own these things free and clear and you do not fill out the exemptions, then they can be seized. So don't delay. You claim you did not receive a summons. All legal actions are commenced by filing a summons and complaint which is served on you by the sheriff. If the sheriff cannot serve you then alternate means of service are authorized including service by publication in the newspaper. If you were did not receive notice, one of a few things may have happened: (1) you were served at an old address and the new occupant accepted the papers; or (2) you were served by publication. If this truly is not your debt, then in addition to filling out the exemptions, I would go the courthouse in the county where the judgment was entered, and ask to see the court file. Make a copy of the complete file and take it to a lawyer to have reviewed. My guess is that there was service or else a judgment could not have been entered. The time to challenge judgments is one year. But maybe review of the papers would indicate that there is some basis to file a Rule 60 motion to vacate the judgment. Before you do this - ask yourself - is this judgment proper or not? By that I mean, is it for a debt that you owed or is it a case of identity fraud/theft? If the latter, then by all means get the court file reviewed by an attorney. If the former, then the alleged lack of service is a technicality and the courts probably are not going to open the judgment at this date and even if they did, the money in legal fees would be better spent in resolving the judgment because re-opening the judgment would just result in it being entered against you again if there was proper service.
Answered on Mar 28th, 2014 at 2:22 PM

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