Legal Question in Credit and Debt Law in North Carolina

I had to let 4 credit cards go into default recently due to my financial situation. Long story short i recently broke up with the mother of my children so i have no house, no phone, no savings or anything of value really. I do have a car but im still making payments on it. I read online that wages cant be garnished for debt in north carolina so is there anything they can really take from me if any of the creditors ever got a judgement if i dont have any personal property. Also i have no phone or address right now so how could i even find out if they tried to sue me.


Asked on 10/27/12, 4:38 pm

1 Answer from Attorneys

You are correct - wages cannot be garnished for credit card debt. In answer to your question about how the creditor can find, you its easy. Unlikely that the creditor would sue you now anyway. In a year from now, who knows where you will be? If they do a search they will eventually find you. And even if they don't, you can still be sued. Depending on the creditor, they may sell off the account to a junk debt buyer. The junk debt buyer could sue you at your prior address and recover a judgment. Several of my clients were sued at no longer valid addresses so it does happen. Or, the creditor can try to serve you at a prior address and if that does not work, then the creditor can get permission from the court to serve you by publication. That means that notice about the lawsuit is filed in a newspaper of general circulation in your area. If you have moved and don't read the paper, then you may not see it but the creditor will still be able to get a judgment against you.

I would not play games. I would get a PO box and send a letter to the creditor advising that you are going through a rough patch in your life, are separated, and you just cannot pay your monthly minimums any more. Ask the creditor to only contact you in writing at the PO box. Tell them you will be in touch when things get better but in the meantime ask that they close your account and not call you at work. Send the letter out certified mail and keep a copy for you.

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Answered on 10/31/12, 11:04 pm


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