I am in NC,and without my knowing,a collector by the name of Unifund CCR Partners,obtained a judgement against me,for $3600.00.I dont know what this is about,I travel alot,and this was done while I was away.Today I was served with papers to fill out,and they are called "Notice of Right To Have Exemptions Designated".What is the best way to fill these papers out?To protect what I have,and this is not a way to get out of paying,as I really do not know what this is about.I have a mortgage,and own 2 autos.I am sure I will have to list these.The judgement is in my name,and not my spouses.The property we have is joint.Any experts on here?Please help,as this has been a very stressful day.Thank you!
2006-08-22 11:42:12 · 7 answers · asked by Anonymous in Business & Finance ➔ Credit
Dont sign it. Dont sign anything until you have a lawyer, looks as it this company is buying up debts and most people are saying the same as you, they dont know about it. Copy and paste this in your broweser and do some reading.
Unifund CCR Partners
2006-08-22 11:55:50 · answer #1 · answered by ncgirl 6 · 0⤊ 0⤋
To begin with, you need to contest the process service.
You have the right to be notified that you are being sued. North Carolina law requires that you be served by the sheriff (or his appointee). If it is not delivered to you personally, they can give it to someone in your home "of suitable age". It could also be sent by certified mail. As a very last resort, it could be by "publication" where it's either posted in a public spot, or in the newspaper. Note this is extremely rare.
So your first step is go to the court and request to see the "proof of service" forms that say how you were served.
Note that several large collection agencies have been sued (and some spent time in jail) for falsifying these forms. By doing so, they secure a default judgement and can begin action to recover the debt.
If you find this is the case, file a motion with the court to dismiss the case due to "improper service".
If you can't get this overturned from "improper service" you are going to have a difficult time. Most judges won't give you the time of day. It's assumed that you were notified and had plenty of time to dispute the case. Also, the court generally sends out a copy of the judgement to your home, and you have 21 days to respond to this also. You would need to explain how you failed to recieve this also.
The Exemptions Designated form is required before the creditor can take any of your personal property (except home). You are allowed a certain amount of exempted property (usually around $10k). Anything not listed can be seized by your creditor and sold to fullfill the judgement. This is a court ordered disclosure and you can't ignore it without being placed in contempt. You may also be required to file a "judgement debtor" disclosure. This form lists all of your assets, bank accounts, and employer.
If this was small claims suit you may be able to handle this without a lawyer.
Good luck.
2006-08-22 20:46:38 · answer #2 · answered by Anonymous · 1⤊ 1⤋
sounds like a fraud going around AZ. The company sends you the paperwork about a judgment that doesn't exist. They have to inform you that it was filed, where, by what judge and for what reason. etc, etc, etc. Contact them and make them demand proof of the judgment. also contact the Attorney Generals office as well as the collection company to make sure they are even allowed to collect in your state.
If it is legit (doubtful) they you should consult a lawyer to fill out the paperwork. If it is not and you ask these question they will go away very quickly and find easier bait
2006-08-22 18:51:58 · answer #3 · answered by ML 5 · 0⤊ 0⤋
this look like somebody will sue you over $3,600
i don't know how to help you to fill up all the papers you received, but similar situation happen to me years ago. you have go to the court and there you have a change to explain to the judge about whole situation. in my case insurance company sue me over some bills from car accident i was not involved and the car which was involved i sold over 3 mts before this acident happen.
when i get there (without lawyer) i explained everything, show bill of sale for the car - i was out the hook. if this bill doe's not belong to you- don't worry, but if it's something you owe you have to go and find out. they will work with you with the payment plan if you can't pay in one lump sum, but this judgment will sit on your credit report paid or unpaid for 7 years. good luck.
2006-08-23 02:03:47 · answer #4 · answered by bianca 4 · 0⤊ 0⤋
call your local legal aide place or an attorney who will work with you.
Also get a copy of ALL your credit reports.. there are more than one company. This could be either mistaken identity or identity theft., or someone is trying to scam you for the $3600...
Get your credit reports before you do anything,... but do it today!!
RIGHT NOW!!!!
GET OFF THE COMPUTER AND DO IT!!!!!
2006-08-22 18:48:44 · answer #5 · answered by Astro Gurl 3 · 0⤊ 0⤋
I would get a lawyer to look at those papers and find out what is going on dude. Don't sign anything you don't understand!!!!!
2006-08-22 19:04:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
retain a lawyer
don't try to do this yourself. it's difficult and complex and you need someone to protect your assets and to challenge the judgment if you never received notice of the proceedings against you.
2006-08-22 18:50:19 · answer #7 · answered by JoeSchmoe06 4 · 0⤊ 0⤋