North Carolina  |  Bankruptcy

Legal Question

Asked on: 11/03/12, 8:00 am

In north carolina, what will most likely happen for not paying credit card debt?

1 Answer

Answered on: 11/05/12, 5:33 am by Thomas Zimmerman

One cannot predict with certainty what any given creditor will do, however there are trends and one can see a policy emerge when there is enough experience to assess. Generally speaking, a local bank will attempt collections in house, and if not successful, will refer to a lawyer to bring suit. Once judgment is taken the local and regional, banks will cause the Notice of Exemptions to be sent and later, issue the Writ of Execution. The writ is directed to the sheriff of the county of residence to seize and sell non-exempt property. It is not very likely that a sheriff will seize property that has a lien on it, whether exempt or not. Following this process, the locals will entertain lump sum or payment in full payment offers. The judgment remains a lien on real property for 10 years unless renewed. There is no wage attachment for non tax debts in North Carolina. A non local credit card will exhaust collections efforts in house, then refer it to a collection agency who will resume collection calls, all the time looking for a lump sum settlement. The owner of the debt may cycle through several agencies and may even sell the debt to one of them. Each circumstance is different and you should consult a bankruptcy lawyer to discuss.

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