Legal Question in Credit and Debt Law in North Carolina

I'm an HIV+ male living here in NC, and even though I work I'm considered low income, around 18k a year net. I have no medical insurance and I'm receiving a good deal of assistance regarding medicines and Dr. visits from the state and federal governement, however, I'm still incurring a good deal of bills due and past due. I'm just not able to pay these bills and maintain the rent, utilities and groceries. My question is this, I have a checking account which averages less than $30 on a daily balance, and my 401k which I look at as an emergency fund just in case my health gets worse...but even the 401k has less than $4,000 currently....less than 6 months of income for me. Is there any threat for creditors to place a freeze or hold on my funds in this situation? I'm a decent and hard working blue collar guy who's just trying to live day to day and all the worries and stress is getting to me. HELP!


Asked on 4/08/11, 7:10 pm

1 Answer from Attorneys

Assuming that your creditors sue and get a judgment, your IRA/401(k) is exempt. I would suggest that you file for bankruptcy, but with your condition, you are going to be incurring many more bills so I would hold off for now. The reason is that once you file, you cannot refile for another 8 years if you get a discharge.

You do not tell me if you own a home or rent or if you own a vehicle that is liened or is free and clear and its value. Depending on the assets, the creditor can go after those things as well. And they can freeze your checking account once they have a judgment.

My advice for now is that your creditors can do nothing until they get a judgment. While there is no wage garnishment in NC, a caveat may be if any medical bills are owed to a state institution, like UNC. In such case, they may be able to garnish wages or intercept any tax refunds at the state level. You may not be able to do anything about that except file bankruptcy.

Regarding checking accounts, make sure that you have an account that is just in your name. If you bank at a big bank, like Bank of America, consider opening an account at a small community bank located more than 25 miles from your home, an online bank or out of state bank. Avoid having significant unliened assets (for example, if your car is owned free and clear, it has to be worth less than $3500) solely in your name if you possibly can. However, that means being able to trust someone else, which brings up other problems.

I hope this helps.

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Answered on 4/09/11, 10:48 am


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