Legal Question in Credit and Debt Law in North Carolina

I sued my family member for almost $5000 that I had loaned them. The judge ruled in my favor because they didn't show up to court. I did a Writ but it didn't work because they had nothing in their name. I need a lawyer to please help me to collect my money. What type of lawyer should I look for?


Asked on 12/04/13, 9:29 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

A debt collection attorney. That is the problem with judgments in NC. If they truly have no money or assets that are not exempt/protected under NC law, the judgment may never be collected.

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Answered on 12/05/13, 4:09 am

I agree with Attorney Love. If you filed a writ of execution and served the debtor with a notice of rights and motion to claim exemptions and if the debtor filled them out properly and has nothing to seize then a debt collection attorney will do you no good. You cannot get blood out of a stone and there is nothing that a good collection attorney can do if the debtor's assets are truly exempt. If the debtor's property is exempt it is exempt. There is no wage garnishment in NC.

All is not quite hopeless and a judgment does have some value depending on the debtor's circumstances. Judgments never go away but for enforcement purposes they last for 10 years. They can be renewed for another 10 years. That is a long long time. If the debtor is relatively young, they may need credit at some time in the future or may want to buy a house or rent an apartment or need a security clearance for a job in which case they will have to pay the judgment.

Judgments are public records and should be on the debtor's credit report for 7 years from the date of entry. Again, if the debtor cares about this, he/she will want to resolve the debt to get credit because any other lender will want to see the credit report. Landlords pull credit reports and so do some employers. Having unsatisfied judgments will not look good and may also force the debtor to resolve.

Do not oan funds like this to family if you value the relationship because things often do not work out. Make a gift and don't expect to be repaid.

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Answered on 12/05/13, 12:38 pm


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