Posted on: 09th Jul, 2009 11:58 am
I lost my job and can't pay my credit card bill. I have been served a summons regarding a cival suit that I need to reply to. I have no money to pay anyone for anything. What happens to me now? Can they take my house or car?
Hi,
Credit card debts are unsecured debts. Unlike mortgages, they do not have collaterals attached to them. Thus, if you fail to pay your credit card debts, your credit card company cannot take possession of your house or car. They can however sue you for not paying off their debts and can get a judgment against you.
Credit card debts are unsecured debts. Unlike mortgages, they do not have collaterals attached to them. Thus, if you fail to pay your credit card debts, your credit card company cannot take possession of your house or car. They can however sue you for not paying off their debts and can get a judgment against you.
Hi sweetsixties,
First of all, you need to reply to the summons. Explain your situation in detail so that the court gets to know what kind of hardship or financial problem you're going through. By the way, how old is your credit card debt? In the state of North Carolina, the SOL or Statute of Limitation is around 3 years. So, the creditor has 3 years within which he can file a lawsuit against you. In case your credit card bill has exceeded the SOL period, you don't need to make payments at all. I mean obviously it'll affect your credit but if you start paying again, it'll restart the SOL.
"Can they take my house or car?"
It depends upon the state laws as to whether your creditor can take away your home or car. There are states where the entire home can be protected by creditors. However, in North Carolina, the laws allow you to protect your property value up to $18, 500 from creditors.
Even if creditors don't take away the home or car, they can garnish the wages of the debtor after getting a judgment in court. I think you should start looking for some income source and negotiate with your creditors to settle the credit card debt for an amount less than the outstanding balance.
May god bless you.
Samantha
First of all, you need to reply to the summons. Explain your situation in detail so that the court gets to know what kind of hardship or financial problem you're going through. By the way, how old is your credit card debt? In the state of North Carolina, the SOL or Statute of Limitation is around 3 years. So, the creditor has 3 years within which he can file a lawsuit against you. In case your credit card bill has exceeded the SOL period, you don't need to make payments at all. I mean obviously it'll affect your credit but if you start paying again, it'll restart the SOL.
"Can they take my house or car?"
It depends upon the state laws as to whether your creditor can take away your home or car. There are states where the entire home can be protected by creditors. However, in North Carolina, the laws allow you to protect your property value up to $18, 500 from creditors.
Even if creditors don't take away the home or car, they can garnish the wages of the debtor after getting a judgment in court. I think you should start looking for some income source and negotiate with your creditors to settle the credit card debt for an amount less than the outstanding balance.
May god bless you.
Samantha
In NC, can your salary be garnished? What if you've got a judgement against you but you have been laid off and can't find another job? How do the credit card companies get their $$$ when you've lost EVERYTHING because of today's economy? Maybe they can take your tax refund?
HEY,
I HAVE SEVERAL CREDIT CARDS THAT I OWE AND I HAVE GOTTEN BEHIND ON MY HOUSE PAYMENTS. I WORK TWO JOBS AND MY HUSBAND HAS JUST GOTTEN A SECOND JOB SO I AM TRYING TO SAVE SOME MONEY TO GET AHEAD BUT IT IS GOING TO TAKE 3 TO 4 MONTHS FOR ME TO HAVE ENOUGH MONEY TO START PAYING SOME OF MY CREDIT CARDS OFF. I HAVE JUST RECEIVED A LETTER FROM ONE OF THE COMPANIES SAYING IF I DONT PAY THEY ARE GOING TO TAKE A JUDGMENT AGAINST ME. TELL ME WHAT ALL WILL HAPPEN IF I CANNOT PAY? CAN THEY GARNISH MY WAGES? CAN THEY TAKE ME TO COURT IN THE STATE OF NC?
THANKS
I HAVE SEVERAL CREDIT CARDS THAT I OWE AND I HAVE GOTTEN BEHIND ON MY HOUSE PAYMENTS. I WORK TWO JOBS AND MY HUSBAND HAS JUST GOTTEN A SECOND JOB SO I AM TRYING TO SAVE SOME MONEY TO GET AHEAD BUT IT IS GOING TO TAKE 3 TO 4 MONTHS FOR ME TO HAVE ENOUGH MONEY TO START PAYING SOME OF MY CREDIT CARDS OFF. I HAVE JUST RECEIVED A LETTER FROM ONE OF THE COMPANIES SAYING IF I DONT PAY THEY ARE GOING TO TAKE A JUDGMENT AGAINST ME. TELL ME WHAT ALL WILL HAPPEN IF I CANNOT PAY? CAN THEY GARNISH MY WAGES? CAN THEY TAKE ME TO COURT IN THE STATE OF NC?
THANKS
Hi Janie,
In North Carolina, wages cannot be garnished by the creditor. However, if the creditor files a lawsuit and gets a judgment against you, then they can garnish your wages. If you are getting a tax refund, then the creditor can take that money to satisfy his dues.
Hi DJW,
Wage garnishment is not allowed in North Carolina. However, if you are unable to pay your debts, then the creditors can file a lawsuit against you and get a judgment from the court. This will help them in either placing a lien on your property or they can garnish your wages.
In North Carolina, wages cannot be garnished by the creditor. However, if the creditor files a lawsuit and gets a judgment against you, then they can garnish your wages. If you are getting a tax refund, then the creditor can take that money to satisfy his dues.
Hi DJW,
Wage garnishment is not allowed in North Carolina. However, if you are unable to pay your debts, then the creditors can file a lawsuit against you and get a judgment from the court. This will help them in either placing a lien on your property or they can garnish your wages.
Can your savings account be taken, if a judgment is taken out on you in North Carolina. Mind you it is a small savings account made up of money from a workers comp. settlement.
If you have a savings account and if the creditor gets a judgment against you, then he will be able to place a lien on your account.
If someone takes you to small claims court and sue you and win, and you don't pay the individual what can they do? They sued me in my name and business name.
Hi indebit,
If you do not pay the individual, then the person can take legal actions against you. You can be penalized for it.
If you do not pay the individual, then the person can take legal actions against you. You can be penalized for it.
What is with all the misinformation? The answer is NO they cannot garnish you or levy your bank account for a credit card debt (sued for in NC)
"Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items."
"Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items."
can my car be taken frm me in a judgement
Hi reggie!
Welcome to forums!
The car can be taken away by the creditor if he receives such a judgment against you.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
The car can be taken away by the creditor if he receives such a judgment against you.
Feel free to ask if you've further queries.
Sussane
If u own one car, and only a car, can they take it for a judgement against you? And if it is titled in two names can theytake it?
Hi Guest!
Welcome to forums!
If you solely own the car, then you creditor can get a judgment and take it from you. However, if it is a joint property, then I don't think the creditor will be able to take it.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If you solely own the car, then you creditor can get a judgment and take it from you. However, if it is a joint property, then I don't think the creditor will be able to take it.
Feel free to ask if you've further queries.
Sussane
ITS BEEN 4 YEARS CENTS JUDGMENT. HAVE NOT PAID. THEY SEND LETTERS SAYING TO CALL AND SET UP PAYMENT PLAN. I HAVE NO MONEY.MAYBE I CAN SEND 20 A MONTH. I OWE 4,000.WONDER IF THEY SAY NO TO MY OFFER.