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Alex J. Esq.
Alex J. Esq., Attorney at Law
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I paid off a Consent Judgment in full. Now the lawyer wants

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I paid off a Consent Judgment in full. Now the lawyer wants to charge interest on the consent judgement and will not release the lien he has on my property. There was no interest ever stipulated in the consent judgment. Just terms of payment
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry about your unfortunate situation.

What is your specific legal question for me?
Customer: replied 3 years ago.

I paid off a Consent Judgment in full. Now the lawyer wants to charge interest on the consent judgement and will not release the lien he has on my property. There was no interest ever stipulated in the consent judgment. Just terms of payment. He said he did not wave interest. Can he charge me interest


 


 

Customer: replied 3 years ago.

the consent judgment was over a civil claim that never went to trial. Now the lawyer is using evidence of the civil claim against my wifes inheritance? Can he use invidence from a settled claim like that

Thank you for your follow up.

Unfortunately, every judgment is subject to interest, unless specifically waived and such waiver would have to be stated on the judgment.

Current annual interest rate which a judgment creditor allowed to charge in NC is 8% and below is the link to the applicable NC statute:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_24.pdf

So unfortunately the attorney for judgment creditor would have legal right to demand interest on any judgment amount from the time it was issued and up to the time that you paid this judgment off.

I am sorry to give you this unwelcome news, but please understand that I do have to provide JA customers with correct answer, even when such answer is unfavorable to the customer.

I wish you the best of luck!
Customer: replied 3 years ago.

Even on a consent judgement? They gave us 10 months to pay the judgment off. We paid it off. Interest was never even mentioned until after the payoff


 

Thank you for your follow up.

Unfortunately, consent judgments are subject to the same interest as any other court judgment and unless the consent judgment specifically stated on it that the interest was waived, then the judgment creditor or his attorney would have the legal right to collect interest at the currect rate of 8% per year.

I am sorry about this unfortunate situation and I do wish you the best of luck!
Customer: replied 3 years ago.

Does the interest start the day the judgement was signed or does it start on the due date to pay in full?

Thank you for your follow up.

Unfortunately the intereste will start from the time the judgment is issued by the court.

I wish you the best of luck!
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