How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
14261217
Type Your Legal Question Here...
xavierjd is online now
A new question is answered every 9 seconds

I have a judgement against me with Discover Card for around

Customer Question

I have a judgement against me with Discover Card for around $6500. Is any of the money in my checking account exempt from the judgement enforcement? I live in North Carolina. Also, I do not have any equity in my house or car, or anything else for that matter. Thanks. I forgot to tell you that I currently have about $2400 in my checking account. Don't know if that's relevant or not
Submitted: 4 years ago.
Category: Legal
Expert:  xavierjd replied 4 years ago.

Do you have any savings account?

 

Do you work?

 

Thanks

Customer: replied 4 years ago.
I do have a savings account, but it only has $25 in it. I am working a temporary job thru an agency right now, making $25/hr. I have no idea how long this job will last.
Expert:  xavierjd replied 4 years ago.

The short answer to your question is YES. Your bank accounts may be frozen and the money be turned over to the Court. The Court in turn will pay Discover Card. Your car may be sold and a lien may be put on your property.

 

It would be in your best interest to try to come to an agreement with Discover Card. Hopefully, they will agree to a lesser total amount owed and/or a payment arrangement in which you can pay a certain amount to Discover on a monthly basis. So long as you stay true to the agreement, a judgment won't enter. If you stopped paying, then a judgment would enter.

 

Below is a longer explanation as to judgments, collection and exemptions. PLEASE take the time to read the rest of this answer.

 

In North Carolina, if the creditor (Discover Card) gets a judgment against you, it is valid for 10 years and can be renewed for another 10.in NC for 20 years. They can be moved from county to county, state to state, and country to country.

 

The reason that a creditor (Discover Card) wants to get a judgment against you is because it is can use it as a tool to get your money. Wages can be garnished in NC, but it is a complicated process and is not done extremely often. Creditors also can get the sheriff to sell land or houses if they file a judgment lien filed against against you . If you have a car, bank accounts, or other valuable property, Discover Card can sell these items or collect its money through the sheriff's office. This is called executing a judgment.

 

Discover Card can also can bring special proceedings against you if it has a judgment. In this case, Discover card would make you appear in front of a judge and testify and prove what assets you have so that Discover Card can see if it is worth it's trouble to keep going after your assets.

 

Exemptions are important because they say what assets a creditor CANNOT take from a debtor when he is trying to collect a debt.

 

If Discover Card gets a judgment against you, you will be sent a notice to CLAIM your exemptions which looks like any other old' legal paper to most people. If you do NOT fill out the form in a timely fashion when you get it, YOU DO NOT HAVE ANY EXEMPTIONS. This is a very costly mistake. So, if a judgment it obtained, look for it in the mail, FILL IT OUT and file it!

 

You can claim things that you think should be exempted from Discover Card's attempt to collect your debt. For example, your wages, house, retirement, car, etc. Name them all! It will be the Clerk who will determine what is exempt and what is not.

 

Good Luck.

 

Customer: replied 4 years ago.

Thank you, XXXXX XXXXX more specific question is this. Isn't there a certain amount of money that is exempt from collection, especially if I don't have exemptions for a house, car, etc.? This $2400 I have in my bank account is all I have, and the amount flucuates because I use it to live on. Doesn't the law protect my wages when they're used to live on?

Expert:  xavierjd replied 4 years ago.

I'm sorry for the delay. I was assisting another customer.

 

The answer is NO. There isn't a certain amount that is exempt from your bank account, or any other asset. You can try to claim an exemption for at least some of it--because you use it to live on. However, if you don't fill out the form and at least claim whatever monies you believe should be exempted, any exemptions will be lost.

 

Again, your best bet is to try to enter into an agreement with Discover card to pay the debt without a judgment being entered. Maybe you can offer to give Discover a certain amount of money up front (eg. $1,000.00 or another amount if more appropriate) and then make monthly payments for the rest. That way, you don't have to worry about anything except making your agreed upon payments on time. Freezing bank accounts, garnishments, selling of assets, etc. won't be an issue UNLESS you fail to uphold your end of any agreement.

 

Good Luck!

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question.

Customer: replied 4 years ago.
Relist: A lot of this answer was copied from information I've already seen on the internet.
A lot of this answer was copied from information I've already seen on the internet
Expert:  xavierjd replied 4 years ago.

I thought that I answered your questions. If you have any other questions, I will be more than happy to assist you.

 

 

 

 

Customer: replied 4 years ago.
I cannot take a chance that the clerk of the court will find that my checking account funds are exempt. What would happen if I withdrew all of my money from my checking accounts?
Expert:  xavierjd replied 4 years ago.

Currently, from your post, it does not appear that Discover Card has a judgment against you. Until it does, and there is an attempt to collect, the money is yours to do with what you please, assuming that you are not using the money illegally.

 

Customer: replied 4 years ago.
They do have a judgement against me, because in the fall, when my finances were more stable, I signed a confession of judgement. Does that change what I can do with my money now?
Expert:  xavierjd replied 4 years ago.

If there was a judgment entered in the fall, you may have lost your right to claim exemptions. If Discover knows about the bank account, they could request that the account be frozen and that they be paid the entire amount.

 

If they do not know about your account and have not requested a hearing, in which you are placed under oath, to disclose ALL of your assets, then the money is still yours to do with as you please so long as it is NOT illegal.

 

At some point in time, you may be asked to disclose what you did with the money since there is a valid judgment against you. But, if Discover has taken no action, how would you know that you couldn't use the money?

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
xavierjd
xavierjd
2360 Satisfied Customers
20+ yrs in criminal, landlord/tenant, family, & small claims