Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello, and thank you for contacting Just Answer. My name isXXXXX am a bankruptcy professional and I look forward to answering your question this afternoon.
Thank you Adam
My pleasure. Often people in such a situation are considering a bankruptcy to get out from under the debt, but as you have already noted, a bankruptcy may not be necessary where the individual in question has nothing for the creditor to take. Some attorneys call this being "judgment proof", and although that might be a slight exaggeration, it is true that a debtor, when a judgment has been issued against them, has to have something for the creditor to take.
The biggest risk for people once a judgment has been entered is usually garnishment of wages. However, in North Carolina wage garnishment is generally prohibited except in very limited circumstances and not usually involving something like a credit card debt.
In addition, in North Carolina, there are a number of exemptions from seizure due to a judgment. If you do not have any real property (real estate), then there is a general $5000 exemption that usually covers money in the bank. There is also a $5000 exemption for household goods.
However, in order to assert those exemptions, the judgment debtor must file a motion doing so. The creditor is actually supposed to send you notice of this right, but in case they do not, the motion can be found at:
The notice they are supposed to send you can be found at:
Yes I have read that but also I failed to file the exemption papers because I had no idea what they were all about, Also I believe the statute of limitations had run out on the default, since they waited 3 years to file the judgment, but I did not know this at the time.
Do you think I should try to get legal iad to help me fight this or is it a done deal?
I meant ***legal aid***
I understood :) Nothing is done until it is done, and the truth is it is unlikely that someone is just going to show up at your home to take individual personal property, this is rarely done. However, if they were to have your bank information, they could get a freeze on a bank account, and that can be troublesome. As such, I do think it is worth following up with an attorney if at all possible. If you cannot afford an attorney Legal Aid may be a good option. Their contact information (and a list of local offices) can be found at:
I hope this helps, and let me know if you need any additional information or need clarification of anything I have said (never be afraid to ask for clarification!). Otherwise, please remember to RATE my answer so that I can receive credit for my work.
My bank account is closed and I haven't used it in about a year. I have a pre paid debit card that a use occasionally. But you have put my mind at rest. Thank you so very much> You are awesome!
I am happy to assist where I can. I would still encourage you to follow up with an attorney licensed in NC, even if that just means consulting with legal aid. I wish you the best of luck in all of your future endeavors, and please remember to RATE my answer so that I can receive credit for my work.
I appreciate that, thank you.