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Question

I was once a bail bondsman that was insured with a suriety company in another state. Some bonds went bad and now they have filed a dudgement against me for 46,000. My name, my wife's name as well as my supervising agent is on the judgement. My concern is that my wife and I might lose our home. My wife has filed bankruptcy to avoid anything happening. I do not feel that I owe this money. Please tell me what can I do? The paper work states that I only have 30 days to respond and I cannot find an attorney. The company is VA but they filed the paperwork here in Winston Salem NC a few miles from me in High Point. Please advise

Submitted: 460 days and 5 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

High Point, North Carolina

Already Tried:
Contacting several local legal experts but I really do not know what to ask for when I contact different firms. I know there has to be some lawyers that specialized in helping when judgement are filed against you.

Posted by JD 1992 460 days and 5 hours ago.

Info Request

Is it a judgment against you or a lawsuit?

460 days and 5 hours ago.

Reply

It states the following:

North Carolina
Guilford County

Bailamerica Bonding Inc, d/b/a
BailAmerica Surieties
        Plantiff
vs
Larry Walden Farrer
Monica Farrer and David Schmidt

It also states NOTICE OF FILING OF FOREIGN JUDGEMENT AND AFFIDAVID

It also states that we have 30 days to from 8/1/08

Posted by JD 1992 460 days and 5 hours ago.

Answer

Okay, that means you were sued in another state, they took a judgment and are now seeking to enforce it where you are.

The first thing to do is determine if it is a valid judgment. If they never served you with the original lawsuit then you may have a defense ot having it filed and may be able to defeat it in the original state.

You should hire an attorney to look at the original lawsuit and to file an answer in this one so you have enough time to figure out if it is valid. If your wife has filed bankruptcy then they were supposed to get a "lift of stay" to file anything. She may want to contact her bankruptcy lawyer about this. If her stay is still in place and she notifies the court ti stops everything.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

460 days and 5 hours ago.

Reply

I'm very happy for your anwer but I do have one question: What type of attorney should I contact? I look in the book and I have no idea the type of attorney that will help me. Do I go through my wife's bandruptcy attorney? Thanks so much for your service and I will pay you for a great job

Accepted Answer

You want one who does civil law or debtor and you may want to speak to the bankruptcy attorney first. Anybody who handles banruptcies will be able to give you guidance. I suspect your wife's bankruptcy (depending on the stage she is at) is going to stop this in its tracks for a while. Just don't ignore it and let it get filed.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Expert: JD 1992
Pos. Feedback: 98.8 %
Accepts: 
Answered: 8/19/2008

Attorney

Active attorney since 1992

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