Zero_Infinity Posted August 21, 2004 Report Share Posted August 21, 2004 I came home today to find a yellow door tag from the Sheriff's Office. I have lots of accounts in collections. I've never heard of a "Notice of Exemptions". I did read on the web that this involves garnishments. So I'm a bit freaked out now.The tag says:Please call the Civil Division at [phone #] & make arrangements to be served.You can also pick up the Civil Process at the Sheriff's Office.Am I getting arrested? Sorry to sound dumb, but I did have one CA who was really pressing me. But the debt is past the SOL & they got ignored.By the way, I'm in NC. Any help would be appreciated B4 I call the Sheriff's Office next week.Thanks in Advance Link to comment Share on other sites More sharing options...
LadynRed Posted August 21, 2004 Report Share Posted August 21, 2004 NC has a nice short 3 year SOL. If they're notifying you to claim your exemptions, that likely means that one of those creditors is suing you. If that IS the case, then you must file an Answer to the Complaint and make sure you use the SOL as your affirmative defense - and make sure you can prove it.You can't be arrested for not paying your debts. Link to comment Share on other sites More sharing options...
Zero_Infinity Posted August 21, 2004 Author Report Share Posted August 21, 2004 k...thx Lady. So, do I just call the Sheriff & pick up what they want me to? Will this let me know who is suing me? Then once I get this info, who do I contact with a copy of my credit report & the NC SOL? Link to comment Share on other sites More sharing options...
LadynRed Posted August 21, 2004 Report Share Posted August 21, 2004 Yes, go pick up whatever it is the Sheriff has for you, there's no point in avoiding it. There should be a Summons and a copy of the Complaint (lawsuit) plus instructions for what you need to do to as far as Answering the complaint. As for the NC SOL, the statute says:STATUTE OF LIMITATIONSOpen Acct.: §1-52(1)Oral Contracts; §1-52(1)Written Contract Not Under Seal; §1-52(1)§1-52. Three years.Within three years an action -(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1- 53(1).There is also State law in your favor if they're suing on an out-of-statute debt. There is a NC lawyer who handles this kind of thing, and he's very good:Florida and N.C. Licensed Lawyer "The Avenger"Chris Livingston5440 Atlantic Springs RdRaleigh, NC 27616(919) 876-8001email: chrisatty@hotmail.comYou might want to email him and ask him about the NC state laws.To get a copy of your credit reports, go to each of the 3 credit bureaus and either get a copy of it on line or order a copy by mail:www.transunion.comwww.equifax.comwww.experian.com Link to comment Share on other sites More sharing options...
Zero_Infinity Posted August 21, 2004 Author Report Share Posted August 21, 2004 Wow, thanks Lady! You helped calm my nerves about this one. I think I know which CA it is. They have been the only ones who were trying to collect. I will pick up whatever next week & keep everyone posted.Thanks Again Link to comment Share on other sites More sharing options...
Zero_Infinity Posted August 26, 2004 Author Report Share Posted August 26, 2004 Ok, I need a little help here. I got the thing from the sheriff. It states on the first line:A judgment has been entered against you in the case captioned above in which you have been ordered to pay money over.I know nothing about this, but it looks like I just got shafted. It goes on to state:If you make a written request for a hearing...you'll get one (paraphrased ).I need serious help here. I have never heard of the CA & they gave me a phone number the suing lawyer. What do I do? Link to comment Share on other sites More sharing options...
Zero_Infinity Posted September 2, 2004 Author Report Share Posted September 2, 2004 Ok, just call the law firm on the paper work & they said that a default judgement was issued back in 2001. But I was never served? Is there anything I can do? They did say they were trying to collect & would rather do it the nice way. HELP please! I don't want my stuff to start getting seized. Link to comment Share on other sites More sharing options...
Recommended Posts