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Lynn Ellen Coleman

Lynn Coleman’s Answers

1,060 total


  • Does my car have a lien?

    I had a judgment placed on me back in 2014 for credit card debt. It is for a significant amount that I do plan on settling within the next 2 years. My car is fully paid for and exempt from the judgment. My question is would my car have a lien on i...

    Lynn’s Answer

    Judgment liens do not attach to personal property like a car. I do not know what your property ownership looks like but if you pay cash for a car worth over $3,500.00, the replacement car many not be exempt. Best to have a personal consultation with an attorney about how to resolve the judgment and what your exempt property situation is like before you sell the car.

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  • The original deed deposited with Clerk of Court according North Carolina General Statues 1-291 during Appeal pending.

    The judgment entered by the judge to transfer the deed from the other party to me within 30 days. But opposing party filed an Appeal to Judge's order. The opposing lawyer sent a letter to the Special Proceeding with the attached deed of signed ori...

    Lynn’s Answer

    Mr. Vaughan's excellent answer is correct. Once the mandate issues, you should be able to get your deed from the Special Proceedings office. Keep in mind that the opposing party can still choose to appeal to the Supreme Court, which will delay things even further.

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  • Are debt collector required to provide a reference number for settlement of a debt

    Just made a payment by settling the agreed amount, was informed by the agent that they can't provide a reference number for payment

    Lynn’s Answer

    I hope you paid the settlement based upon a written agreement. This would give you the security you are seeking. If there was no written agreement, you may have issues. A debt collector is not required to give a confirmation number for a payment but they are required to send a receipt if they are a debt buyer. If you never received anything in writing from this debt collector and they are not licensed in North Carolina (check this web site here https://sbs-nc.naic.org/Lion-Web/jsp/sbsreports/CompanySearchLookup.jsp you could be a victim of a scam. Always ask for something in writing confirming the specific terms of a settlement agreement with a debt collector before paying a settlement. A popular scam is for a pretend debt collection company to call you and claim you owe a debt, insist on payment by phone, refuse to send something in writing, and refuse to provide their NC debt collection license number, legal name and address. Meanwhile, they are threatening arrest or lawsuits. I am not saying this happened to you, but you should check out the company you paid the settlement to and if they are not on the list I posted at that link, contact the North Carolina Attorney General's office.

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  • Can I sue a bill collector who keep saying I owe a bill and have already paid it and I got the proof its already in collection?

    Its a payday loan It have been going on for 5 years now. a different collection agency calls me once a year.

    Lynn’s Answer

    I agree with the other attorneys. There is a North Carolina statute which as a 4 year statute of limitation which covers the same conduct as the Federal FDCPA which has a 1 year statute of limitation. You should contact an attorney with your specific fact scenario. The only caution I would give is that bill collectors who use this tactic on payday loans are often unlicensed, fly by night scammers using throwaway prepaid cell phones and are impossible to locate. Unless you got something in writing from these folks it may be impossible to find the company to sue. If you can find them and serve them, you may not be able to locate any assets to collect your judgment. If all you have is a vague company name and a phone number which showed on your caller ID, or an email address with no street address or PO Box, you may be out of luck.

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  • Am I obligated to sign a confession of judgment sent to me by a collection agency's law firm after agreeing to a payment plan?

    I recently received a letter from a law firm representing a collection of a debt in default. I called the number provided to set up an arrangement to pay off the balance within a specified term. One week later they sent a follow up letter saying t...

    Lynn’s Answer

    You aren't required to sign it, but most likely, they won't agree to your settlement or pay plan unless you sign it. The major collection law firms in North Carolina that usually require these (one in Charlotte, one in Durham, and one in Raleigh) usually put in the cover letter that they will not file the Judgment with the Court UNLESS you default on your pay plan. If the cover letter says this, so long as you make your payments on time every month (use certified mail and save your tracking numbers and results) you will not have a judgment showing on your public record or credit report. If the cover letter does not say this, they will record the Judgment right away. The Judgment will still show on your credit report even after you finish the pay plan. The status should show as "paid civil judgment" once you pay it off and the law firm tells the court you paid it. However, even a "paid civil judgment" will bring down your credit score and it will show for 10 years after the Judgment is entered. Obviously, the first situation, where they do not file the judgment unless you default, is the preferred option.

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  • What to do about civil summons from Discover card?

    My son was served with a civil summons from Discover card today for non payment of debt.He lost his job 8 months ago and has no income.What is my best course of action? Thanks in advance

    Lynn’s Answer

    • Selected as best answer

    If your son does not file a written answer within 30 days after being served a default judgment will be entered against him. He should talk to a qualified attorney to see if he has any legal defenses that he (and you) may not be aware of. Attorneys who handle this kind of case often give a brief free consultation. A Judgment stays on record for 10 years and will continue to show on the credit report even after it is paid or settled, so best to see if there are any defenses and see if a judgment can be avoided. He probably has no property which can be taken but again, a personal consultation with an attorney would be best just to make sure.

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  • Identity theft assistance

    I have recently been a victim of id theft. it has been nearly two years, and each time I provide the information requested to prove id theft, the crediting company assigns collections to another company. I have satisfied this with two collection...

    Lynn’s Answer

    It sounds like you have good documentation of the original identity theft and you are doing the right thing by disputing every collection. Contact a qualified attorney for a review of the specifics of this issue from beginning to now. You may have claims against the original creditor under North Carolina law and you may have other claims as well, depending upon the facts. This is too fact specific to be answered in an online forum.

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  • A notice of right to have exemptions designated has been served for judgement of cc company.

    judgement from cc company. Would it be wise to contact the company and workout a payment or contact atty

    Lynn’s Answer

    You should make sure to file the Motion To Claim Exempt Property within 20 days after being served with the Notice of Right - No Matter What! The credit card company's attorney may not be able to offer you a payment plan that you can afford, so do not count on working something out in time to avoid having further proceedings taken on the Judgment. If you do not file the Motion To Claim within 20 days all exemptions are waived and this means your property is at risk. There are attorneys who will assist you with filling out the Motion To Claim for a small fee. An experienced attorney can also give you some expectations and tips for getting the judgment resolved.

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  • 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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