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Damon Terry Duncan

Damon Duncan’s Answers

117 total


  • If papers have been filed for claim of exemption for a judgment, Can the Sheriffs Department still harass you to collect?

    A Judgment has been entered and issued by the court, and the claim of exemption has been filed by the Debtor with the Clerk and a copy sent to the Creditors Attorney. The Exemptions were approved by the Courts. If the judgment is given to the Sher...

    Damon’s Answer

    The Sheriff's department can collect on a proper judgment. If you have filed the Notice of Right to Have Exemptions Designated properly then the assets you exempted should be protected. However, if you did not correctly fill it out or if there is non-exempt equity in property then the creditor can collect through the Sheriff. It sounds like you've filled out the appropriate paperwork it's just impossible to say if they can collect or not without knowing if you exempted everything completely and correctly or not. Good luck!

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  • Can workers comp take my settlement for pain and suffering ?

    In a car accident in employers vehicle other vehicle was at fault and had no insurance I was a passenger, my employers workers comp was responsible for medical bills and know the adjustor has offered me a settlement and he works for the same insur...

    Damon’s Answer

    Shawn & Phillip have given you information. I echo what Phillip has said and would encourage you to reach out to a workers' compensation attorney in your area. Anytime there are potential liens involved things can get complicated. We wish you the best of luck!

    Damon Duncan
    Greensboro Workers' Compensation Lawyer

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  • Been denied workers comp by employers insurance carrior because they say I was not hurt at work. How can this be?

    I was hurt on the job 3 months ago. Herniated 2 discs in lower back and have had sciatica the past 2 months. I have had to get all my treatment from my own insurance because of comp was denied. comp insurance says that my injury did not happen at ...

    Damon’s Answer

    From: Damon Duncan, Workers' Comp Attorney with offices in Charlotte, Greensboro & Winston-Salem, NC

    I agree with John. You need to hire an experienced workers' compensation attorney ASAP because they can help you with the insurance company and can work to get your claim possibly accepted.

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  • Wrongfull termination and denied workers comp claim after injuring back at work. Anything i can do?

    Back Injury while lifting overfilled tote. in excess of 75 lbs. Intense pain in back. reported injury to the supervisor, HR and plant manager as soon as possable. which was 5 days later because injury happened last night before holiday shutdown an...

    Damon’s Answer

    I agree with what others have said. You should look to hire an attorney ASAP. Let us know if there are other questions we can help answer for you.

    Damon Duncan
    Workers' Compensation Lawyer
    Offices in Charlotte, Greensboro and Winston-Salem, NC
    http://www.DuncanLawOnline.com

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  • Hello, my husband recieved a Notice of Right to Have Expemptions Designated from CACV of Colorado.

    We believe that it is from an old credit card. After googling, I saw so many "awful" stories regarding this company and their unfair tactics (and unlawful apparently) tactics to enforce their judgment. Is there anything that we can do to prevent t...

    Damon’s Answer

    Thank you for your question. The Fair Debt Collection Practices Act lays out tactics that creditors can and cannot use for collecting a debt. I would encourage you to look at that. I have included a link below to that Act.

    Typically, if you are receiving a Notice of Right to Have Exemptions Designated then the creditor has already filed a lawsuit and obtained a judgment against you. If that is the case, it is important that you either correctly fill out the Notice of Right to Have Exemptions Designated or take other necessary legal actions to prevent them from trying to seize your property (like possibly filing for bankruptcy).

    Regardless of what you have found online about this company it is very important you take the legal action they have started very seriously. You risk possibly losing assets and property otherwise.

    Damon Duncan
    Bankruptcy Lawyer with offices in Charlotte, Greensboro & Winston-Salem, NC
    http://www.DuncanLawOnline.com

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  • What do filing exemption papers do for you when being sued by CCs?

    I have been unemployed for 3 years now and have no money no savings and no way of paying them back. I did not make the charges--- my husband was an additional card holder and he made the charges--and I knew nothing about it---- but Im sued becaus...

    Damon’s Answer

    Michael's response is a good one. Also be aware that in North Carolina they cannot garnish your wages (if your employer is based in North Carolina). However, they can go in bank accounts and try to seize future property that you have. Depending upon the level of debt you have it may make a lot of sense to at least speak with a bankruptcy lawyer in the area.

    Damon Duncan
    Bankruptcy Lawyer
    Offices in Greensboro & Winston-Salem
    (336) 856-1234

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  • Do I need to get a lawyer for medical discrimination?

    Ok so I got injured 2yrs ago I have 3 herinated disc and have been working every day since my doctor recently stated that I need a scs spinal cord stimultor in my spine because of the level of pain I am constantly in well upon telling my manager a...

    Damon’s Answer

    I'm not sure you can have a successful medical discrimination case but it does sound like you need to hire an attorney immediately. An employer has the right to terminate you if you cannot perform your job. However, they cannot terminate you just because you have a workers' compensation case.

    If you were injured at work and your employer lets you go then you may be entitled to 66% of your average weekly wages while you are out of work. If you are unable to find a position in the future that pays you at the same rate your old job did then they may have to pay you 66% of the difference in your old pay and new pay.

    Anytime someone is let go from a job and has back, in particular spinal issues, it makes sense to at least sit down with a workers' compensation attorney in your area and discuss what your different options are.

    Good luck!

    Damon Duncan
    Greensboro & Winston-Salem Workers' Compensation Lawyer
    (336) 856-1234
    http://www.DuncanLawOnline.com

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  • IM A YR BEHIND ON HOUSE PAYMS CAN CHPTR 13 HELP KEEP MY HOME & $45000 IN DEBT & IS IT EXPENSIVE TO FILE?

    BB&T WAS GOING TO HELP ME & MODIFY BUT I HVE A LIEN ON ME & THEY CANT DO IT WITH THE LIEN ON IT

    Damon’s Answer

    It really depends on the details of your situation but a Chapter 13 bankruptcy may help you save your home. I would recommend contacting a Charlotte bankruptcy lawyer who can discuss your situation with you. Most offer a free consultation, I know we do.

    Damon Duncan
    Charlotte Bankruptcy Lawyer
    Duncan Law, PLLC
    4801 E. Independence Blvd.
    Suite 1100
    Charlotte, NC 28212
    (704) 563-1224
    http://www.DuncanLawOnline.com

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  • Can i law suit a doctor in north Carolina

    I have a workers comp case for injuries in my low back and knee,the orthopedic who treat both does one surgery on my back and two at my knee he knows I need another surgery a back fusion. when I fired my attorney he signed a rating and medic...

    Damon’s Answer

    As the other attorneys suggested it will be difficult to have a successful medical malpractice case just based on the facts that you provided. However, if you are still having issues with your work related injury then you should probably consult a workers' compensation attorney if you do not have one. If you are having both back and knee injuries then those could have very long term consequences. An attorney can ensure you get the treatment and compensation you deserve.

    Damon Duncan
    Greensboro Workers' Compensation Lawyer
    http://www.DuncanLawOnline.com

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  • Can I file chapter 7 bankruptcy and be free of credit card debt?

    Our house was foreclosed on so I don't own any property. I just got divorced. I work part-time and go to school. I have 3 kids. I got into 35,000 worth of credit card debt. I had perfect credit but now I can't pay the bills.

    Damon’s Answer

    Generally speaking a Chapter 7 bankruptcy will wipe out most unsecured debts. Credit cards are often an unsecured debt. If there is any deficiency balance on the house a Chapter 7 bankruptcy will wipe that out as well. I would recommend you look to set up a free consultation with a bankruptcy attorney in your area. Best of luck!

    Damon Duncan
    3447 Robinhood Rd. #202
    Winston-Salem, NC 27106
    (336) 245-4294
    http://www.DuncanLawOnline.com

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