Legal Question in Credit and Debt Law in North Carolina

I keep getting letters & phone calls from a debt collector whose client obtained a judgement against me in 2004 or 2005. I had an attorney fill out an exemption paper for me which I filed in the county I was residing in. I have since moved to another county. Do I need to file an exemptin in the county I now reside in and how do I find out if a writ of execution has been filed against me?


Asked on 4/09/11, 2:15 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

If they attempt to execute, you will need to be served by the Sheriff so you would have notice. I would think they would need to send you a new notice of rights to file exemptions.

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Answered on 4/11/11, 5:23 am

Exemptions are only good for 90 days, so if the judgment creditor wants to execute, they again have to serve you with exemption papers. They can do this periodically but usually not as ofen as every 90 days.

That does not stop you from getting phone calls. The judgment is good for 10 years and can be renewed for another 10 years. The judgment earns interest at a rate of 8% per year so it is getting bigger.

You say you moved - did you buy a home? Or are you renting? If you bought a home, I am not sure how this could be accomplished as the judgment acts as a lien on any real property that you have. If you are renting, some landlords get credit reports and will not rent to anyone with an outstanding judgment or debt.

I don't know how much you owe or your circumstances. You need to get this resolved one way or the other. It may make sense for you to consult with a bankruptcy attorney if bankruptcy may be an option that you would consider. If not, you may be able to settle the debt. If you have sufficient funds, and depending on the creditor, the judgments will settle for between 50% and 80% of the balance now (or when you go to settle - not the balance when the judgment was entered). If you have at least 50% of the funds, I may able to assist you resolve the debt for a reasonable fee.

Please contact me via email if you are interested.

Email: [email protected]

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Answered on 4/11/11, 9:30 am


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