Legal Question in Credit and Debt Law in North Carolina

I received a letter in the mail for writ of execution. I live in NC. I no longer live at the address that the letter was sent to so I was lucky to get it. I never received the letter for exemptions since I no longer live there. What options do I have now? Is it too late to file for exemptions? Also, can I try to work out a payment arrangement with the creditors attorney or is it too late for that? I have 1 car that is in my name solely and I am afraid of them taking it. I am married but my husbands name is not on the title. Thank you for your answers in advance! Oh and the judgement is for a personal loan from 2008.

Asked on 10/16/16, 6:20 am

1 Answer from Attorneys

You have 20 days from the date you get them to fill out the exemptions and file with the court. You do not indicate when they were served. And I don't know how they can be served on you at an old address. Someone would have had to accept the papers for you in order for you to be considered served. You don't explain a lot of details.

It sounds like you are well past the time for filing an exemptions. You could try to request a hearing but you would have to also stay the writ of execution.

Why would you work out a payment arrangement? I seldom recommend that unless a person has assets at risk of being seized. Since you post no details, I cannot determine whether you should or should not. You say the car is only in your name, but is it paid for? How old is the car? How much is owed on the debt?

However, you should know that once a writ of execution is issued, any deals have to be made with the sheriff. The sheriff gets a commission.

You have not handled this intelligently thus far. You owed a debt, defaulted and let judgment be entered. You have done nothing to resolve t he judgment since then. You obviously have not consulted an attorney either or you would not be posting here. So you have dug yourself in a hole and then dug yourself in deeper. Its up to yoiu, but before you really dig deeper, you might want to consult a lawyer.

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Answered on 10/16/16, 10:05 pm

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