I have researched over and over till Im blue in the face, and I seem not to be able to find any answers. Im caught between a rock and a hard place. A collection agency is taken me to court over a 2400.00 dollar debt, I think thats just a waste of time, but thats just me. So a lawyer and bankruptcy cost about the same, so why not just pay the CA off. Anyway, I live in NC and all my bad credit accounts were up on SOL this year, and stuff seems to be flying in. I received a civil summons back in Feb from a law firm up in Raleigh, I thought it was just them playing a game but being on the safe side I sent my reply in within the 30 days, denying all allegations. Thirt days after that I was sent Admissions and produce of Documents form, still thinking there trying to get a easy judgement and being cautious I sent the form back within the 30 days, denying everything. I did some searching on NCcourts .org today and noticed I now have a court date but havent been served any papers, yet. I have no assets, live in an apt and I am upside down in equity by at least 9000 on my car. Personal exemptions are 5000 with dependents and I dont have that much. I tried to settle with them for at least 50 a month but I received no response, what are they going after at this point? Here is the questions I have: 1. Why waste time over a small debt, knowing there is no wage gar in NC and I have no assets and the exemptions in NC are higher than I actually owe? I live in an apt. 2. Knowing a judgement is now reality, I want to secure my bank accounts from possible leving. If I opened up a bank account in another state that has NO branches in the state in NC, How safe are they if there kept secret but keep my NC branch open as a ghost account? Or is it best to receive a paper check and start paying everything by Money orders? 3. Are they still hoping I dont show up at this point, or is this just a done deal? I really have no case but I dont want to give up. 4. If I dont pay and they cant levy anything of value, what will happen to the rest of my life?
Not knowing what county you're in, I can only relate my court experience. The judge in my case allowed evidence to be admitted (that I objected to), that included a copy of the cc agreement. This agreement was for another person with the same name, different SS#, different state, wrong phone # and this person was 25 years my senior. When I brought this up the only thing the judge said was I'm not wasting my time or the courts on a case like this, objection over ruled, summary judgement granted, and he slammed the hammer. IMHO, NC courts are very corrupt and one sided. I've seen at least 30 other cases in the same courthouse and not one consumer won. Some of these people had better cases than I did. Take it for what it's worth, but I don't think you'll stand a chance in court. 1 & 4. I am in the same financial situation as you, high bills, rent, kids in college, upside down on cars, etc. It is impossible to buy a house, car, etc., and will be for eternity (almost) if you have a judgement on your CR. 2. If you start moving accounts, even out of state, they will know. You may possibly face charges of fraud among other things. (just my opinion). 3. Make sure you put a defense together and show up. For that amount, they may be bluffing but I doubt it. Don't let them win by default as you have a chance, albeit, an extremely small chance. I can send you a PM if you want the information on a possible method. Scuba
Thanks for the reply. Any information you might have would be greatly appreciated. I am in Mecklenburg county.
But you didn't file the complaint. $2400 is about perfect, it's not too much to force a BK, it's enough to get on the gravy train. Toss in fees and interest and everything is right about where they want it. They are playing a game, they are suing you. You were served on all those other things, right? A judgment. Who knows about the future? Be prepared for a supplementary proceeding, or whatever they call it where you are, where they will ask you about your assets under oath. If you don't show up, you get a warrant for your arrest. If you lie and they find out, I'm not even going to go there. You have no case because of what? Instead of risking jail time, you probably won't like that, you could at least try to fight before the judgment. You'll join the millions of Americans who keep their life savings in their pants, under their pillows, in a box buried in the backyard.
Wait a minute. You were planning to squirrel away cash in another state. You found out that that might be a way to get you in trouble and the answer is to BK? If you had money to put into the other state's bank, why couldn't you pay what the CA is demanding? And BK isn't exactly free. But maybe you should talk to a lawyer and get a run down of your options.
How much money do you keep in a bank account? You stated your personal exemption is $5000. Out of state accounts aren't as easy to find as you might think. Even if they do find one, the judgment would have to be domesticated in the new state. Even with no garnishment laws in NC, they're probably counting on you wanting to buy a house someday. At which time the judgment would have to be paid.
Me and my wife still have about 25000 in CC debt that has been charged off, some has entered into SOL but I still have a few lurking around. I am only moving my money to protect what little I have, me and my wife only bring home 3300 a month, so time I pay rent and car payments plus utilities and my childs daycare is breaking me apart, gas and groceries, Im not left with much. Its hardly ever there is more than 50 dollars in there after a pay weekend. Im only protecting my lifeline, they can come in and take the couch, tvs, dinning table, beds, and I would let them, but you screw around with the roof over my head and taken food off my table than I get pissed. As in the 5000 exemption I was talking about, that is your personal property exemption that is on the writ of execution. I dont have that much in personal property.
