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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32342
Experience:  Began practicing law in 1992
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I consigned a car loan now ex- wife in 2008. She separated

Customer Question

I consigned a car loan for my now ex- wife in 2008. She separated from me a few days later. I am disabled, wasn't able to even drive at the time. The car was eventually repossessed because she didn't pay. Now, she is in another state and a different last name. About a month ago, a sherif deputy came to my house, handed me a judgement for 20,000 plus and said I had to give him a check! I'm disabled. I can't pay (but, my ex can). The judgement says they can collect property and assets. I don't own anything, but I have car payments. Today, my daughters bank acct was drained by the sheriff office. I went and took out my money. Her account is jointly in my name. The law firm won't discuss anything, saying to call the sheriffs office. They say, call the law office. How is this legal? Can they take a vehicle that I'm still making payments on? What can I do?
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Were you ever served with papers saying you were being sued?

Customer: replied 5 months ago.
I know I called the law firm at the time, but as I remember it, I got handed off to a lawyer that wasn't helpful, and wouldn't let me speak to someone else. After the judgement, I got the same thing. No one will even talk to me about it.
Customer: replied 5 months ago.
I'm worried they can empty my bank acct and I can't pay rent or bills, or they will take my car, which I need for doctors, groceries, church, etc.
Expert:  Dwayne B. replied 5 months ago.

What is your source of income?

Customer: replied 5 months ago.
Disability and disability insurance.
Customer: replied 5 months ago.
Direct deposit. And,Yes, I can talk to you, but is that an additional $59, or will that be the total?
Expert:  Dwayne B. replied 5 months ago.

Disability is exempt from creditors. In addition, so are the other items listed in the following statute:

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_1C/Article_16.html

You will note that a vehicle's value up to $3500 is exempt as well. That is $3500 above what is owed on the car.

Expert:  Dwayne B. replied 5 months ago.

The NC state exemptions list disability and if it is Social Security Disability then it is exempt from seizure by federal law.

The following form is filed with the NC court that issued the judgment to claim your exemptions:

http://www.nccourts.org/forms/Documents/927.pdf

What you should have done is filed an answer back when you were sued. At this time it is to late to contest whether you owe the money although if you did co-sign the note then they would have gotten a judgment anyway.

Customer: replied 5 months ago.
Shanks, that looks like what I need to know. Is that why they emptied my daughter co-acct and left mine alone? And, how can I get them to speak with me?
Expert:  Dwayne B. replied 5 months ago.

I'm not sure why they would have taken your daughter's account unless it was just a mistake. As to your account the bank probably told them it was disability money and so they knew it was exempt.

There is no way to make them talk to you. You can hire an attorney and they will likely talk to the attorney.

You could also file a bankruptcy which would wipe out the judgment against you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 5 months ago.
Thanks very much. I think you covered it.
Expert:  Dwayne B. replied 5 months ago.

Great and you're very welcome.! Glad to be of assistance

Expert:  Dwayne B. replied 5 months ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.