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 Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3740
Experience:  30 years of experience
77476456
Type Your Legal Question Here...
Gerald, Esq is online now
A new question is answered every 9 seconds

I live in Union County North Carolina. I was served a

Customer Question

I live in Union County North Carolina. I was served a judgement/collection ten years ago which I filed with the courts in North Carolina. At the time, I was unemployed and had no source of income therefore, I did act upon the notice. Today, the same letter was served to me by the sheriff office asking me to declare all my assets. What should I do at this point?
JA: Since laws vary from place to place, what state is this in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: By me?
JA: Anything else you want the lawyer to know before I connect you?
Customer: This judgement is collections from past credit cards debts that were bought by a law firm.
Submitted: 4 months ago.
Category: Legal
Expert:  Gerald, Esq replied 4 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 4 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If a judgment was obtained against you ten years ago it is due to expire. Judgment liens do not las forever. However, the judgment may be renewed for another 10 years. So the collection agency is trying to determine whether or not to pursue your assets now OR renew the judgment for another 10 years and pursue you later.

The letter is an attempt to discover if you have any assets against which a garnishment or a lien may be placed. NC has laws that are somewhat favorable to the debtor in that certain property may not be garnished (for example - wages).

There may be some steps that you can take to avoid the judgment - You can contact the collections agency and negotiate a settlement, you can Petition the original Court to reopen the judgment and vacate it - this would be primarily on grounds that you were not served, also Bankruptcy will work to vacate the judgment.

If the amount of the judgment is significant you may wish to at least consult with local counsel about your best options. One thing that can be explored is whether the judgment has in fact expired and is no longer valid. A court records search would be necessary for that.

This link can help you find local counsel:

http://lawyers.findlaw.com/lawyer/practicestate/consumer-protection/north-carolina

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald