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Lynn Ellen Coleman

Lynn Coleman’s Answers

1,076 total


  • Being sued in Indiana small claims court for a truck driving school I went to in 2009.

    In 2009 I went to C1 truck driving academy via driver solutions. who promised me the world and all sorts of money to drive a truck. After getting thru all the training and getting assigned my own truck from PAM Transport. They were only paying me ...

    Lynn’s Answer

    You need to contact an attorney in Indiana who may have heard of this school and seen their contracts. An Indiana attorney would also know what your options are as far as appearing. Your contract may have said you consented to being sued in Indiana. Do you have a copy of the contract or has it been too long? Was the school in Indiana or in North Carolina? It looks like you may have some legal defenses and you should definitely present those to the Court in Indiana. My worry is that Indiana may have some wage garnishment or something else available to enforce this. You can find an attorney in Indiana who has experience in consumer issues like this at www.naca.net. You probably do not have much time to get your answer in, so you need to at least find out from an attorney in Indiana what your deadlines are and how you can present your defenses.

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  • I cannot pay $2250 to settle an old credit card debt. They want it now. What can I do?

    Been paying off an old credit card debt, since May 2013, at $80/month to a law firm in Charlotte. Last month, they sent my account to another law firm. I made one $80 payment to this new firm and then boom! - Two days ago they ask for the $2...

    Lynn’s Answer

    • Selected as best answer

    Unless you had a written agreement from the previous lawyer that they would avoid judgment enforcement proceedings so long as you paid the $80 per month, there is no requirement that the new law firm agree to this. The next step would be they send you a Notice of Right to claim your exempt property. You will have 20 days from the date you receive those papers to file a Motion to claim your exempt property. Please find a lawyer to help you prepare those papers when the time comes. There are several well qualified lawyer s in the Raleigh area who will prepare all required paperwork to protect your property for a very reasonable fee. You can use the Find A Lawyer feature on this web site or search the answers here, several lawyers from Raleigh frequently comment on this topic.

    The judgment is still accruing interest at 8% per year, as you can see the balance went down by less than 50% in over two years. If the law firm refuses your $80 payment you can make it to the Clerk of Court to continue whittling away at this. Or, you can make them a lump sum offer to settle out the balance. Due to the relatively small size of the balance and the fact you have been paying on it regularly, do not expect very much discount if you offer a lump sum. Depending on the creditor they may not give you any discount at all, or some nominal discount like $250. Good luck!

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  • Creditor threatening judgment

    I am a retired NC state employee. I'm living off of my retirement check. My husband passed away suddenly. I'm now receiving his S'S check as well as a small VA widows benefit check. I have enrolled in a debt relief program with a company called Fr...

    Lynn’s Answer

    You need to speak to an attorney for a personal consultation. Bankruptcy is an option for you - and you can keep your house and your car. I have had several clients come to me after working with this debt relief firm and other similar firms who have been left with unpaid judgments. They typically settle with the accounts that give them the greatest fees first and leave the ones most likely to sue you to get their judgment. They cannot provide you a lawyer to defend the lawsuit, you will have to handle it on your own or pay your own lawyer in addition to what fees you are paying to the debt relief company. The creditor will not be able to garnish your retirement or social security, but if they get a judgment it will be a lien on your home. Your heirs will have to take care of the lien if they want to keep your home after you pass. You will also have to deal with the judgment enforcement paperwork for years to come, which is often very stressful. Please talk to a bankruptcy attorney as soon as possible. A Chapter 7 may cost less money out of pocket than your fees to your debt relief company and will get this whole process ended much sooner, with less stress to you.

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  • Is there justice for poor people?

    My car was repossessed illegally with perfect payment history into the third year of payments. I have a solid case. Before having children I was a paralegal. I have all documentation. They auctioned off the car and sent me a bill for the balance o...

    Lynn’s Answer

    We are not allowed to solicit clients on Avvo, so if you are lookong for an offer to take your case, you won't get that here.Not all attorneys charge a consultation fee of that amount. Keep looking. You can search at www.naca.net or use the find a lawyer feature here.

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  • Can a bank take money from your account without a judgment ?

    BB&T took 7000 dollars to pay a 7 year old debt.

    Lynn’s Answer

    I agree with the others. It is also quite likely that they do have a judgment against you that you forgot about.

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  • Can pension and social security benefits be garnished in North Carolina?

    I am retired and lived on pension and social security. Unfortunately, I have been sued and am worried if these income can be garnished should I lose the case. Can someone give me some advice please?

    Lynn’s Answer

    You should consult with an attorney to get a specific answer to this question and to make sure you have no legal defenses. Your Social Security cannot be garnished and so long as you are spending most or all of the social security income every month your bank cannot be forced to release those funds in response to a writ of execution. Your pension exemption depends upon the source of the pension (i.e., state retirement, private employer, etcetera). If you are living month to month there is a wild card exemption which can be used to protect funds in your bank account which come from a pension that is not exempt. The most important thing to remember is that you have 30 days from the date you were served with the summons and complaint to file a written Answer or a default judgment may be entered against you. Financial hardship is not a legal defense, a dispute over the amount owed is a legal defense. The second most important thing to remember is that if you do have a judgment entered against you, to promptly respond to any Notice of Right to have your exemptions designated. Good luck and please consult with an attorney. There are many attorneys in your area who post frequently in Avvo who will give you a brief consultation for an affordable fee that would ease some of your concerns.

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  • How much time do I have to answer a counterclaim in North Carolina?

    I filed a complaint against my contractor and he just answered with a counterclaim. Do I have 30 or 45 days to answer the counterclaim? If necessary, could I extend it for another 30 days? Thank you.

    Lynn’s Answer

    Mr. Faucher is correct assuming your case was filed in Superior Court or District Court.

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  • What options do I have if I can not make the payments that Sallie Mae wants me to make based on my financial statement

    based on my statement, the co-signer and the student they want us to pay 800-900 a month

    Lynn’s Answer

    I assume you are talking about a private student loan? If this is a private student loan one option may be Chapter 13 bankruptcy. Please clarify if this is a private or Federal loan. The difference is very important. Private student loan servicers and lenders are not required to offer affordable repayment options. You should contact an attorney who is experienced in student loan law and bankruptcy law for a specific consultation. An attorney who has experience with student loan law can review the facts and see if Sallie Mae engaged in any misconduct.

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  • I RECENTLY HAD 2 CARS REPOSSESSED WITH A TOTAL OF ABOUT $28,000. JUST GOT A CALL FROM DEBT COLLECTOR THAT SAYS I STILL OWE

    $15,000, AND THAT THEY WERE GOING TO GARNISH MY WAGES AND TAKE ME TO COURT IF I DIDNT MAKE A PAYMENT. IS THAT CORRECT?

    Lynn’s Answer

    You need to speak to an attorney about the specific details because you may have claims against the collector under Federal and North Carolina law for threatening wage garnishment. It depends upon the terms of your contract and where you bought the car, because wage garnishment is allowed in other states. If they can sue you in another state (example: Virginia), garnishment may actually be possible. Garnishment follows the law of the state where the Judgment is entered.

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  • Can debt collector get your drivers licence revoked

    a debt from closed business account from ten years ago called me today claiming I owed 4000 dollars but would take 1200 if paid by Friday and claimed they had a order to put a lean on anything I owned and revoke or suspend my licence

    Lynn’s Answer

    The other attorneys are correct. This sounds like a scam to me.

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