Legal Question in Civil Litigation in North Carolina

I did a Writ but it didn't work because the defendant didn't have any items in their name. Is there anything else I can do to get my money back?

Asked on 10/29/13, 8:09 pm

2 Answers from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Yes, hire an attorney like you should have done in the first place. The decision to sue someone often comes down to whether or not they have assets that can be gotten at. You may have the greatest case in the world but if the Defendant is judgment proof you will be wasting your time suing them. This is why most attorney's will have a through asset search done BEFORE filing suit. Otherwise you run the risk of getting a judgment that has about the same worth as toilet paper. All is not lost in your situation, at this point it appears all you have done is execute on your judgment. There is much more that can be done if the person has assets, employment or is expecting a tax refund.

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Answered on 10/29/13, 8:40 pm

Kenneth Love Ken Love Law

Ms. Houser is correct, you need to consult with a debt collection attorney to see if you have a reasonable chance of collecting. But keep in mind, NC does not allow wage garnishment or interception of tax returns by most creditors, which most likely includes your claim. An attorney will be able to help you get any assets that are available.

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Answered on 10/30/13, 5:59 am

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