Collections Legal Questions

If you are enrolled in a debt consolidation program check your paperwork carefully because some programs include legal defense for these sorts of suits as part of your monthly program fee.  Qhether you know if you havethat coberage or not you should forward the summons to the program account rep because even if that's not part of your program fee they will likely be able to refer you to the proper attorney to defend you.  Just don't do nothing at all because if you do not respond at all the creditor/collector could win automatically then you have a judgment on your record not just a delinquency or default.... Read More

Even without a written contract, you may still have legal options under North Carolina civil law to recover the money if you can show there was a clear agreement or understanding that your daughter and son-in-law would repay the loan. Their past payments toward interest strongly support the existence of an oral contract or implied agreement to repay you. You’ll want to gather all documentation showing the loan and payment history — bank statements, withdrawal records, text messages, or emails discussing repayment terms. Those can be used as evidence in a civil lawsuit for the remaining balance. Since they live in Thomasville, NC, you’ll need to hire a North Carolina attorney—ideally a collections or civil litigation lawyer in Davidson County—to file the claim locally. Depending on the amount and circumstances, your attorney might pursue repayment through a breach of contract claim, a promissory estoppel argument, or even a constructive trust on the property if the funds were tied to it. Act sooner rather than later—North Carolina has a three-year statute of limitations on most oral agreements, so timing matters. A local attorney can review the full history and file the proper suit to protect your right to recover the $150,000.... Read More

First thing NOT to do is not reply at all.  If you do not file an Amswer or any motions the Plaintiff wil likely seek a default which would then lead to a judgment against you anyway.  By answering or filing any relevant motions you have a fighting chance to maybe raise a valid defense or possibly even negotiate something to settle for less than the full amount.  Use the Find a Lawyer section here or contact your local county bar association for a referral.... Read More

If i understand your situation your ex spent money using your debit card and with your authorization but due to his or her error he or she spent more than he or she was supposed to and spent some of your money instead of the money you had informally separated into the savongs account.  Just as if your ex took cash out of a drawer at home his or her spending your money using a debit card is essentially the same.  You indeed can try to bring an action in theMagisterial District Court to collect the money (I say Magisterial District Court because if the amount is less than $12,000 that is where uou begin).... Read More

Depending upon how a house it titled, a judgment for money owed many not be a lien on your home. If it becomes a lien, you do not have to sell. The bank just wants to be paid if you do eventually sell or refinance you home, or if you pass away. The more important issue is that you need to see a consumer bankruptcy attorney ASAP to determine your options, both bankruptcy and non bankruptcy. Either filing bankruptcy BEFORE a judgment is entered, or working out some type of resolution can prevent a "general unsecured debt" like a credit card from turning into a "secured debt". DO NOT WAIT! YOU ARE NOT "REQUIRED" TO FILE BANKRUPTCY JUST BY HAVING THE CONSULTATION. Get you advice from an experienced, NC licensed attorney. Financial hardship is NOT a legal defense. No state court Judge or arbitrator can force the bank to settle or offer you a payment plan that you can afford. All they do is decide if you owe the Bank for the debt and if so, how much. The only Judge who can do that is a bankruptcy judge. ... Read More

The wording of the settlement agreement will be important - if the settlement is for less than the full amount of the debt then the original creditor may have the right to collect the balance UNLESS your agreement states that the settlement is in exchange for  "full, unconditional release from thedebt without recourse".  I have represented debtors and creditors in hundreds of collection matters and, frankly, you can trust the debt collectors about as much as you can lift a Buick with one hand.  Before agreeing on anything and signing or making payment I recommend having a local attorney who has experience in settlements review your paperwork or you could be surprised by a new claim for the balance down the road.  Even if you "do-it-yourself" be sure to document the creditor name, account number, amounts and dates.  If you were to get another collection attempt you write back that on March 32, 2025 I paid Joe's Collections $467 for account #123456789 - that could be enough to get then off your back and in court they would need to prove that you still owe what they say you owe.... Read More

As a matter of fact collection agencies are subject to fairly strict rtegulation about how and with whom they may communicate about your debt.  Sending information about your debt to another person, even though a relative, could be aviolation of Federal and Maryland law.  I syggest you use the Find a Lawyer feature of this website to find an attorney who specializes in consumer protection law.  Not only may you be able to receive payment from the collector if they violated the law the collector may have to pay the attorney's fees.  Violations like these happen regularly and, that iswhy there are laws to prevent what sounds like is happenning to you.  You may also wish to contact your State Attorney General who polices consumer protection matterssuch as this.... Read More

I changed the category of your post from Collections to Property Tax Appeals because you did not state that you have been given any collection demands regarding the property tax, only that your escrow for taxes apparently went up.  Your best course of action is probably to appeal the assessment of your property unless there was a general increase in the property tax rates in your area.  If there was a general rate increase that is not really a legal matter but a matter that would have been implemented by your local county commission or school board.  Contesting the assessment is essentially your opportunity to show the appeals board why the value they've placed on your property is too high.  If you prevail the assessed value would be reduced thus reducing the amount of tax and then lowering your escrow payment.... Read More

You have ten days from the day the Motion to Claim Exempt Property was filed to object to the claimed exemptions, and you must request a hearing and pay the hearing fee to have the motion put on a calendar for hearing. If the ten days have passed, it is too late to object. The attorney was only required to deposit a copy of the Motion into the first class mail, he was not required to send it with a tracking number and he is not responsible for slow US mail delivery. Your next step is to request a writ of execution from the Sheriff. The Sheriff will investigate his assets and take any found which are not exempt. HIs home is automatically exempt if he owns it jointly with his spouse - whether it is a mobile home, trailer, camper or real estate. Failing to list his home on the form is not a waiver of tenancy by the entireties. Funds in his bank account may be exempt by law even though he did not list the bank account on the form to claim the exemption. The Sheriff's department handles this by telling the bank not to freeze funds from exempt sources such as Social Security benefits when they send the Writ of Execution to the bank. Some accounts like IRA's are not reachable by law and that cannot be "waived". The Social Security benefit exemption cannot be "waived", either. If the Sheriff returns the writ of execution unsatisfied, you may being "supplemental proceedings" against him to have him questioned about his assets, or you may send written interrogatories seeking more information. Supplemental proceedings are very exensive and time consuming. The vast majority of people in North Carolina own no assets which are subject to execution on a judgment for money owed. You may have to face the reality that you will never collect anything on the judgment. You should contact an exerienced collections attorney for more specific advice. ... Read More

The award filed with the court is enforceable like a civil money judgment.  The law gives you many tools to use to enforce the judgment. The question then becomes what to do with respect to this particular debtor. You mention employment.  The debtor's wages can be garnished.  You mention a property. That can be subjected to a judgment lien.  Depending on the equity and the specifics it could be levied and even sold. In addition to those possibilities, bank or brokerage accounts can be levied. The debtor can be ordered to appear in court to answer questions about their financial situation. When it comes to judgment enforcement, the creditor has many options and is not limited to one strategy.  ... Read More

Hello, A garnishment order generally allows a creditor to garnish the amount in the judgment, as well as additional interest, fees, or costs of collection. https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collector-take-or-garnish-my-wages-or-benefits-en-1439/ WI 812.32  Earnings garnishment generally. Earnings garnishment is an action to collect an unsatisfied civil judgment for money damages plus statutory interest and costs, from earnings payable by the garnishee to the debtor. https://docs.legis.wisconsin.gov/statutes/statutes/812/ii/34 There could be postjudgment interest accruing on the previous judgment.  Thank you ... Read More

Its virtually impossible for people to represent themsleves in court effectively despite a legal right to do so. Other than being steamrolled by actual lawyers represnting AMEX, you simply need to retain a alwyer to defend the lawsuit ASAP, though you will pay out of pocket for this as a its a defense case. ... Read More

Unfortunately, you need to make payment arrangements with the NC Attorney general and you are probably looking at having a judgment etnered against your daughter and yourself. Student loans are not dischargeable in bankruptcy without very extenuating cirumstances. The AG can offset tax returns and garnish wages. The loan should never have been allowed to go into default. They don't do this unless the loan is very past due. They are also very inflexible about settlement. No doubt this is already negatively affecting your daughter's credit as well as your own. State of NC loans are not given the flexible repayment plans that the Federal loans are so you are stuck with what ever the State will give you. Note that a judgment against either one of you could end up being a lien upon real estate depending on the circumstances. Options are very limited especially if no effort at all was made to repay the loan so far. ... Read More