Legal Question in Civil Litigation in North Carolina

I have a civil case against me due to non payment of a credit card. Can they force me to pay or can they garnish my wages?

Asked on 9/15/12, 5:48 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If you are 'judgement proof' meaning you have no assets - then you have nothing to worry about and you can point and laugh as your creditor goes away empty handed having wasted a bunch of time effort and money obtaining a judgment against you that is currently worthless. However, most creditors, especially credit card companies, don't seek judgments unless they have researched your assets and are confident they will be able to collect. If you do have assets and your creditor has a judgment, they can't and won't bother forcing you to pay - they will just take assets that meet certain requirements away from you to satisfy the judgment. For example if you have money in accounts after a judgment has been issued you can generally kiss that goodbye. Other options include leins, garnishments and seizure of real and or personal property. In short, if you have anything of significant worth that is not exempt from collection and they have a judgment and an attorney who knows what they are doing - they are most likely going to take it from you.

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Answered on 9/15/12, 6:46 pm

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