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Lynn Ellen Coleman

Lynn Coleman’s Answers

1,052 total


  • What can I do to avoid losing my property?

    Judgement was entered against my credit around a year ago. I thought it was being withdrawn from my checking account, but it never was. Today I was served papers stating they wanted me to list exempt property from being forfeited. Just wondering w...

    Lynn’s Answer

    You must file the Motion To Claim Exempt Property within 20 days after being served with the Notice of Right. Please get an attorney to help you with this form. There is no specific place on the form to list your bank accounts, and most likely all of the money you have in the bank is exempt. An experienced attorney will be able to give you some affidavits to file in addition to the Motion To Claim form which will help you protect your bank accounts. Do not ignore this deadline if you want to protect your property. The attorneys who handle this kind of matter will prepare the form for you and give you the necessary affidavits for your bank accounts for a reasonable fee. Use the Find A Lawyer feature here on Avvo or go to www.naca.net and search for an attorney who is a member of that organization.

    Judgments are not automatically paid here, and we do not have wage garnishment. You need to make arrangements to pay or settle the judgment in order to resolve it. Bankruptcy may be an option as a last resort. The attorney who helps you with the Motion To Claim will be able to advise you of how much it will take to resolve the Judgment and explain all of your options.

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  • Can a notarized statement be submitted in lieu of a person appearing in district court or do they have to be subpoenaed?

    I was owed money so I sought legal action. I won the case, but it was offset by the defendant's counterclaim. They loaned money which was paid back cash in front of a witness. The defendant lied and said they never received it. I was able to locat...

    Lynn’s Answer

    Please specify if the trial you won, but was offset by a counterclaim, was in small claims court, District Court of Superior Court. If it was in small claims court and you appeal for a trial de novo in District Court, you will be able to present new evidence. Otherwise, you will have to get the case reversed on appeal (motion for new trial or appeal to the court of appeals) in order to present the evidence from this witness. As previously stated, an affidavit from the witness is good enough to prevent a summary judgment, but you would have to present the witness' testimony for a trial. If the witness is out of state, you may have to take a deposition in order to secure the testimony, because the witness is likely outside of subpoena range. You should ahve a consultation with an attorney for some specific advice.

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  • Is there a statue of limitations on credit card debt?

    I have several credit cards that became write offs years ago. They have recently contacted me and have threatened to take me to court if I don't pay a certain amount in a certain amount of time. I am willing to pay but I am unemployed and can't p...

    Lynn’s Answer

    First thing you need to do is be aware of scams. Any legitimate debt collector will send you something in writing after calling, because they are required by law to do so. If you are getting calls from alleged collection agencies about debt that is many years old, ask them to send you something in writing stating the amount of the debt, what the debt was for, and to disclose their North Carolina collection agency license number. If they refuse to do it, or say they already sent you something and you know they did not, those are red flags of a scam. Do not make payments over the phone or provide personal information until you have verified any collector is legitimate.

    Generally, the statute of limitation for unpaid credit card debt in North Carolina is 3 years from the date of your last payment. Any partial payment will reset this 3 year time period and it starts all over again.

    No collection agency can "take" money from your bank account unless you #1 agree to let them take the money by giving them the account information and authorizing them to pull the payment, or #2 unless and until the creditor sues you, get a judgment, and follows the required procedures to enforce an unpaid judgment.

    If you are ever served a summons and complaint for unpaid credit card debt please seek legal advice as soon as possible. Be wary of scams and do not be intimidated by threats.

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  • What can happen when issued a judgment on a vehicle repo in NC?

    Vehicle repo 4 years ago, now a lawyer is filing a judgment against us, we're unable to come up with 10% she asked. We offered $100.00 a month payment plan she told us that was unacceptable. So now she's filing judgment against us. Can they go int...

    Lynn’s Answer

    The first thing you need to do is defend the lawsuit if you were served with a summons and complaint. If you have not already filed a written answer denying that you owe all of the money she is asking (and you disagree with that amount), you need to file a written answer asap (within 30 days after being served with the summons and complaint). There are certain legal defenses which may exist to a repossession deficiency claim. You would benefit from talking to a lawyer and getting some specific advice so that you do not waive those defenses, if you have any. Simple inability to pay what the creditor is willing to accept is not a legal defense.

    The creditor has to get a judgment against you before they can try to do anything to your property. They have to wait 30 days after they serve you with a copy of the Judgment to do anything. The next step is to serve you with a "Notice of Right" to have your exemptions designated. Exemptions are claims you make that your property is exempt, that is, that the creditor cannot touch it. There is a considerable amount of property that cannot be touched by creditors in North Carolina, but you have to file a Motion To Claim your property as exempt in order to benefit from those exemptions. Most of the time, all of the contents of your home and the contents of your bank accounts will be exempt - but you have to follow the proper procedure to claim the exemptions, when it is time.

    You should contact an attorney for specific advice now. Many attorneys who handle this kind of work offer free or low cost consultations.

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  • I recently had my car towed by landlord without warning. How would I go about addressing the issue?

    I recently had my car towed by landlord while I was at work. I live in a mobile home and my car has been sitting for over a month since I'm looking to either fix it up or sale the car. The car wasn't in the grass but in my driveway on the concre...

    Lynn’s Answer

    If your lease does not say the landlord has to give you a warning, then no notice or warning was required. This is different than if you had parked the car at a business. You may not have any claim against the landlord.

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  • Chptr 7 bnkrptcy discharge 12/06. all mortgage paid timely b4 & after. When can I sell home w/o consequence?

    Can creditors (medical & credit cards) lien me now since its under 10 years? Or should I wait until 10 years is over. Spouse died.

    Lynn’s Answer

    Please specify whether you are speaking of medical debt and credit card debt incurred before your bankruptcy or after? All medical and credit card debt you owed at the time the bankruptcy was filed would be included in the discharge. Medical providers in NC and credit card companies generally can only "lien" your house if they sue and get a civil judgment. You should be safe to sell the house now if you have no judgments entered against you after the date of your bankruptcy. By "safe" I assume you mean that no creditor will be able to assert a claim to the proceeds of the sale.

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  • Payday loan

    I just received a call stating that I took out a payday loan years ago and that if I don't make an arrangement to pay today then I would be subpoenaed for court...I got this same phone call from the same company last year and I paid it...I also re...

    Lynn’s Answer

    Mr. Edelman is completely correct. This has many red flags of scam. Please see the following:

    http://ncdoj.gov/News-and-Alerts/Alerts/Don%E2%80%99t-Fall-For-Phony-Debt-Collectors.aspx

    http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

    You don't get served with a subpoena when you are sued, also. That is a big red flag, when they use scary legal words which really do not apply. The correct word is you are served with a summons (but don;t tell them you know this). A subpoena is for someone who will be a witness in a case that is already filed.

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  • If purchasing a new car after applying for a loan and the loan is denied, must dealer return deposit and trade-in vehicle?

    Attempted to obtain loan through dealership with poor credit. Was assured loan was approved but later was denied by bank. Received loan through other means but don't want to deal with same dealer. Can I get my money back along with car I traded in...

    Lynn’s Answer

    Depends upon what your contract said and whether the new car still has dealer plates and insurance on it. The dealer may have already sold your trade in.

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  • If my car was repossessed by the credit union, can they put a lien on my house which is paid for free and clear?

    This occurred in the year of 2007. I thought once vehicle was repossessed they would resell it and that would cover the difference.

    Lynn’s Answer

    Yes. This can happen one of two possible ways. The first way is what was already mentioned, they can sue you for the deficiency and get a judgment. You can find out if there are any judgments against you by going to the Clerk of Court and checking on their computer system or calling an attorney who may be willing to look this up for you. You may have been sued on the deficiency years ago and forgotten about it. (This is much more common than you would think, I hear from several people a year who have unpaid judgments and they swear they never knew about the lawsuit, but when we look at the court file they were properly served). Judgments stay on record for 10 years and are easily renewed. Judgments for unpaid debts are liens on real estate. The second possible way is less likely, but since this is a credit union it may come in to play. Credit unions are allowed to "cross collateralize". If your house mortgage (or HELOC) was with the same credit union, even after you pay the mortgage in full it could be that the credit union has another lien on your house due to "cross collateral" and the deficiency on the car loan may be a lien on your house. If your mortgage was not with the credit union, this second possibility is less likely. Cross collateral also applies if you had a defaulted credit card with the same credit union. I suggest that you contact an experienced attorney for personal advice.

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  • Small Claims Litigation - $4509.30 being sued for. No written agreement, no oral agreement. What proof does she need to win this

    Claim - $4509.30 She Claims - Oral Agreement It is her personal loan in her name only. There is no written agreement. I do owe her about $643 for things throughout the relationship; however, not the personal loan she is suing for. I have ...

    Lynn’s Answer

    Mr. Robinson's analysis is good. She can win if the Magistrate believes her. The Magistrate will listen to both of you and make a ruling. The ruling may be that she gets everything she asks for, she gets part of what she asks for, or she gets nothing. Magistrates are trained to deal with these kind of cases involving personal relationships, but when you do not have an attorney, your emotions may cloud your judgment and make you forget something or be less credible in your presentation. If you cannot find a lawyer or you cannot afford to hire one, be sure and write an outline of every fact you want to tell the magistrate. Be careful, as the magistrate may allow her to see your notes if she asks to see them, and you are using the notes to refresh your memory.

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