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kekenc

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I had a car repossed in 2001. A collection agency contacted me and then later they filed a civil judgement. I filed an answer with the court because I have several counterclaims against the car finance company. I never heard anything back from the collection agency. Later I received a letter stating that the judge gave them the judgement because I did not answer. I did answer, I turned in an answer to the court. I think I was also supppose to file an answer with the plantiff which is the collection agency. I have not received anything else and I didnt try to fight this anymore. Today I received a letter about non-exempt assets. I dont own any property nor vehicles. Should I try to make payment arrangements now or should I just do nothing since they can't take much from me, or should I find out why the judge gave them a judgement.

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Go to the courthouse and look at the file to see whether your answer was filed. Also look at the judgment. Often, judgments are actually prepared by the prevailing party so there could be a mistake.

PS. Please let us know what state you are living in. It is hard to answer most questions without that information.

Good luck.

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I'm sorry about the state, I live in North Carolina. I did find out today from the clerk of court that they overlooked my answer and the judgement should not have been entered and she will resubmit it. I asked what would happen next and she said it would go before a judge. I was thinking that maybe the collection agency would not pursue going to court, what do you think and I was also wondering what do I have to lose if we do go to court and they win. They will just file for a notice of right to have exemptions designated. They did that yesterday but that will be withheld now until after we go to court. They entered judgement to pay money over, but I dont have any money and in NC they can't garnish your wages. I dont own anything. I rent a home and I dont have a car. I do have a few household items,but nothing over $500 total. So I need to know what else they could possibly do to me before I go to court.

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