Legal Question in Credit and Debt Law in North Carolina

A credit card company was about to sue me in North Carolina for a debt. To avoid extra legal fees and by some time, I entered a confession of judgement for the debt and have been making payments as required. However due to financial issues I am about to fall behind on agreed payments. With a COJ in the credit card attorneys hands, will the court grant a judgement against me? Will they be able to garnish my wages?

Asked on 8/17/12, 5:20 pm

1 Answer from Attorneys

If you signed a confession of judgment, then judgment has already been entered against you. Making this was not the smartest thing to do unless you had a lot of assets. However, it means that once you stop payingm the law firm will have all of the remedies that would exist in an ordinary case. They will try to collect by seizing assets or levying on your bank account unless you take steps to protect these things. To collect, the law firm must first serve you with papers called "notice of rights to have exemptions designated" and "motion to claim exempt property." (I assume this is for a personal credit card debt not a business debt as exemptions don't apply to businesses). If you need help filling out the execmptions when you receive them or if you wish to discuss your situation in confidence, O give free email consults and charge $50 for a 30-minute phone consult. I also charge $50 to review the exemptions with you and I assist in the settlement of debts for a reasonable fee. If interested in any of these, please contact me at [email protected]

There is no wage garnishment in NC for an ordinary credit card debt.

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Answered on 8/17/12, 7:52 pm

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