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My bank account was garnished due to state taxes, and I have received written notice about this action. I have not yet contacted the tax authority about this specific garnishment, and I have other unpaid taxes with the state. Can I request them to unfreeze my account and set up an installment plan... View More 
answered on Mar 6, 2025
You should contact a bankruptcy lawyer for advice about filing Chapter 13 (I assume this is personal income tax). You may get a longer time to pay if you file bankruptcy, and you may actually get back the funds if you file quickly.
In my experience, the State of NC will not lift the... View More
I was injured on a private property and had to undergo surgery. I hired a lawyer and obtained a judgment in my favor in early September 2024. Shortly after, the property was sold at the end of September 2024. We filed a writ of execution and attached the owner's bank account, but the funds... View More
answered on Feb 25, 2025
Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These... View More
I discovered recently that a lawsuit was filed against me due to my Discover debt. I had no knowledge that it was assigned to an attorney's office. I was on the Mecklenburg court site to verify something regarding a different situation and I seen the lawsuit information. The summons was served... View More
answered on Feb 4, 2025
You will need to file a motion to set aside the entry of default due to faulty service under Rule 60. If it was served by mail, an affidavit from you will be required with proof of your correct address. You will likely need a lawyer to help you because there are no "forms" for this Motion... View More
They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More
answered on Nov 17, 2024
Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More
It was a default judgement for debt collection, the case was filed in iredell county but i live, and the debt was incurred, in craven county. Nor was i informed of the hearing.
answered on Oct 22, 2024
You need to get a copy of the court file from Iredell County, including the return of service that shows how you were allegedly served with the Summons and Complaint, and take it to an attorney for review.
The general rule is that debt collection lawsuits must be filed in the... View More
answered on Aug 29, 2024
You are not responsible unless your names were on the credit cards. Her estate is responsible. If she had any .money or property at the time of her death, those would be sold and/or money used to pay her debts. I suggest that letters be sent to her creditors explaining that she passed on xxx date... View More
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
I agree with James L. Arrasmith, in part.
It is true that the IRS does not usually attach itself to the title of any asset (like your home) if you are not included on the title. However, if you have enforceable rights of ownership, and those rights bear an equity interest, then the IRS can... View More
Good morning. I have a question about filing IRS form 433-f (Collection Information Statement) for the purpose of requesting "Account Not Collectible" status in regards to several unpaid and/or unfiled tax years. In the section asking about home equity - do I need to include my home and... View More
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answered on Jul 23, 2024
Good morning. When filling out IRS Form 433-F, you do need to consider the home equity section. However, since you are purchasing your home under a Contract for Deed and the title is still in the seller's name, you technically do not have ownership or accessible equity in the property yet. In... View More
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answered on Jun 14, 2024
First, gather all relevant information about the incident. Documentation, such as medical reports, photographs, and witness statements, can be crucial if a lawsuit is filed. Understanding the facts will help you be better prepared for any legal action.
Consider transferring assets to family... View More
answered on Jun 10, 2024
A North Carolina attorney could advise best, but you posted a week ago. Product liability (your chosen category) attorneys don't usually get involved in the issues you describe. You'd probably want to speak with attorneys who work with asset protection, collection defense, or bankruptcy,... View More
The summons was served to me on 4/19/24, the date issued on the summons is 4/12/24. It says I have 30 days to respond from date received. What should I do next?
answered on May 14, 2024
You have choices. You can do nothing whatsoever. You can call the law firm to try to arrange a payment plan or if possible, pay it in full. You can respond on your own to the summons. You can retain an attorney to respond or to negotiate a settlement or both; or consult with a bankruptcy attorney... View More
I hired an attorney to negotiate two judgments. I paid and signed the contract on 6/6/2023. The lawyer did not contact the first debtor until August 2023. The second debtor was not contacted until November 2023. The attorney always had an excuse as to why they hadn't been working on it. For... View More
answered on Feb 3, 2024
There is no set time. Basically, it would be a “reasonable time”. Reasonable depends on the circumstances. Additionally, there may have been work done prior to contacting the debtors.
My experience in collecting debts, is that it is often a slow process. It can, of course, take years,... View More
I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More
answered on Jan 25, 2024
A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More
I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More
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answered on Feb 25, 2024
It's understandable that you want to start fresh with the State Employee Credit Union and open a new account after 18 years. However, if they have a record of an outstanding loan from your previous account, they may require you to settle the debt before opening a new account. Debts, including... View More
The card is about 1,900 i think.the home is all I have how do i do this w/out a lawyer
answered on Dec 11, 2023
If you were properly served with the Summons and Complaint, it will be impossible to set aside a default judgment. You can go to the Clerk of Court and ask for the court file to review. If the summons return says you were personally served by the Sheriff or someone who resided with you was... View More
I got a car for my son November 2022. All payments have been made, on time. But starting in December 2023, they keep contacting me saying I'm behind and and contacting me saying "if I need help making payments I can send a friend in and if they buy a car I will get $200.00". Is this... View More
answered on Dec 4, 2023
Take proof of all of your on time payments to them and speak to them about this. To cover yourself, you could mail in the proof with a letter complaining about the situation and asking them to stop the unjustified messages (get a tracking number and pproof of delivery). The "help making... View More
I’m seeking legal advice on recovering a personal loan of $9,450 made to a friend between May 2022 and August 2023, using PayPal and Venmo. She has acknowledged these loans in emails and texts but has only repaid $700, paying $100 per month. We have no formal signed agreement. I would like to set... View More
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answered on Apr 13, 2025
To recover your personal loan, you can start by sending a formal demand letter to your friend. In the letter, outline the loan amount, repayment terms, and the fact that she has acknowledged the debt through emails and texts. Specify the repayment deadline, and express that you expect the full... View More
I received a request to pay tuition to a community college in North Carolina, 5 years after I dropped the class. At the time, I did not realize that I owed 25% of the class costs. This is the first notice I have received about the balance since dropping the class. The college cannot explain why it... View More
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answered on Apr 13, 2025
In North Carolina, as in many other states, there are statutes of limitations that set a time limit on how long a creditor, including a school, can wait to collect a debt. Generally, for contracts or agreements, the statute of limitations is three years. This means that the school may not be... View More
My vehicle, which is under my name, was repossessed by a finance company that claimed they were seeking repayment for another account that is not even in my name. The finance company, unable to locate the car they were actually looking for at my address, directed a repo agent to take a vehicle,... View More
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answered on Apr 11, 2025
Having your car wrongly repossessed for someone else’s debt is not just upsetting—it’s a serious violation of your rights. In North Carolina, a repossession company cannot legally take your vehicle unless there is a valid lien on it tied to a debt in your name. Since the car is registered to... View More
My siblings and I are selling my mother's house in North Carolina, and we plan to split the proceeds. Will any money I receive be withheld to pay my personal debts, such as a car repossession and a loan that appear on my credit report?
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answered on Mar 13, 2025
There is a good chance that your share will be used to payoff any judgment liens against your interest of record. Then you covey free and clear of encumbrances which is a covenant of title.
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