QUESTION

American Express collection judgement against my wife,

Asked on Dec 02nd, 2013 on Debtor and Creditor - North Carolina
More details to this question:
Wife has no job and hasn't for 6 years. Debt is several years old. County Sheriff served notice to Final Notice with threat to sell personal property
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1 ANSWER

Commercial Collections Attorney serving Raleigh, NC at Kurtz Law, PLLC
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It is unclear from your question whether the creditor has obtained a judgment against your wife.  I am also unclear as to the notice served on your wife by the Sheriff.  It sounds like a notice that a sheriff might serve pursuant to a writ of execution.  This could only occur once a judgment has been entered.  If a judgment has been entered, the age of the debt is irrelevant. Judgments are valid for ten years and can be "renewed" for an additional ten years.  Once a judgment is entered, a creditor may have the clerk issue a Writ of Execution. This is a directive to the Sheriff to seize personal and/or real property to satisfy a judgment.  Any real and/or personal property is potentially subject to seizure to satisfy the judgment.  However, there are exceptions, such as real property jointly owned by husband and wife. 
Answered on Dec 09th, 2013 at 3:29 PM

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