No, they have to come to you - you don't have to go there. Jurisdiction is in the county where you reside.
Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
Are you married or do you own your house individually?
Is the deed in your name only or is your wife also on the deed?
No, they can't take the property your wife's name is on.
No it is in my mane onl
If the court here in NC can't order my wages garnished and the action in this case is happining in NC does that mean that ford my ttry to sue me in another state?
Next, how will this be resolved (ford getting there money) if the judgement is against me, and lastly would it be better for me to apper in court or let a default judgement be entered..
No, they have to sue you where you live or where the contract was formed - I assume the contract was formed where you live - correct?
No, don't let them get a default judgment is you can help it - file a responsive pleading (an Answer) to the Summons. Thereafter, communicate to the attorney that you would like to make payment arrangements.
Lastly, file a new quitclaim deed with both your and your wife's name on the deed. That would preclude creditors from going after the house if they get a judgment against only 1 of you.
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Yes the contract was made here in statesville NC where I live...
So it is better to go to court/answer I do have all my canceled checks and electronic confermations as well as bank records, but again I was past due, but the payment hostory is on time up till I lost my job...Also as for payment arangements as i said i don't have much...I am trying to sell an RV I own out right with a clear titel, but no luck so far. Is there a minimum payment amount...I am reworking my budget and may be able to cut something.
I know sounds kind of grim, Just not many higher paying jobs here now most places areletting people go..
Sorry for all the questions and all
Thanks for your help.
Good - then they have to come to you. They don't want to make that trip and will hire local counsel I'm sure.
No, no minimum payment amount - whatever you can work out with them. Be sure - they do want to work something out with you - getting a judgment doesn't do them any good - they still have to collect on it.
Put everything into both yours and your wife's name - have nothing in your own name until this is resolved - then, if they get judgment on you, they can't force the sale because her name is also on the property.
Thank you very much for your answers, they were very helpful, as well as taking a few things off my mind..Once again thank you for your help.