Skip to main content
Suzanne R. Begnoche

Suzanne Begnoche’s Answers

268 total


  • I received a motion for entry of default and judgment by default without a hearing , I have 30 days to serve a written response

    I supposed to have a payment plan with Zwicker & Associates for a debt from American express, they told me that I will received my payment plan in writing that I need to sign and return back to then, I just received a Civil summons with the total ...

    Suzanne’s Answer

    This sounds like a situation where the right hand (local attorney for American Express) does not know what the left hand (Zwicker & Associates) is doing. You need an attorney to assist you in (1) either responding or requesting an extension of time to respond and (2) ensuring that Zwicker sends you the paperwork in a timely manner.

    See question 
  • Can a collection agency sue 5 years after the debt was charged off by a corporation? I am in NC.

    In 2007 I opened a charge account. In 2009 my husband lost his job and we could not pay our debts. Five years later I got a call today stating that I will be taken to court for a judgment on this account, and my bank account will be seized. Can a ...

    Suzanne’s Answer

    If a creditor sues on a debt that is beyond the statute of limitations (i.e. "too old"), the fact that the statute of limitations has run is a complete defense to payment. Many factors weigh into what the statute of limitations is on a debt. Any consumer who receives collection calls should consult an attorney, who can review the facts of the case to determine if the creditor has any legitimate right to win a judgment now.

    However, it is also sometimes the case that consumers have already been sued, and are subject to judgment, without understanding what has happened. The consumer may wish to call or go to the Clerk of Court's office for their county and ask the staff there to check as to whether there are any case files or any judgments in their name. If there is already a judgment, the consumer should consult an attorney to determine whether the judgment was obtained properly.

    If there is already a judgment, the consumer should also pay attention to any written mailings about the judgment, as the consumer could lose their right to keep property and bank accounts safe from judgment collection if they fail to return post-judgment paperwork.

    See question 
  • If a five year old confidentiality agreement does not contain my legal name, is it binding?

    This is simply a confidentiality agreement signed with a small employer over five years ago. Two years ago my name legally changed (marriage) and today my former employee is appealing unemployment rights after citing misconduct in a breach of sai...

    Suzanne’s Answer

    I agree with the previous commenters that your name change has no effect on the legality of the agreement. You should consult an attorney who specializes in employment issues or unemployment appeals for help so that you do not lose your benefits.

    See question 
  • Is there any attnys to help me settle 2 payday loans i cant handle the finance fees, so high on interest

    The representative have mistakenly debited my account on various occasions and then they cant figure out what happened so they apologize and also debited my account with out my authority for no reason and 4 months later they apologized...how can i...

    Suzanne’s Answer

    Many payday lenders make loans with interest rates that are illegal in our state, or make loans without the proper North Carolina licensure. If this occurred in your case, you may have leverage to negotiate settlement of the loans at the very least. You may even some consumer claims that could offset the loans or some defenses that could render them unenforceable.

    You should consult an attorney in your local area who can review your specific loan contracts and advise you on your options.

    If you cannot find a local attorney, another option is to make a complaint about the payday lenders to the N.C. attorney general's office. The attorney general, Roy Cooper, looks into illegal payday lending and can take steps to stop lenders from operating in our state. When a consumer makes a complaint about such a lender, the attorney general's office will conduct a basic investigation and may advise you as to your obligation to make further payments. The attorney general's complaint website is at http://ncdoj.com/getdoc/fdbee1c7-c2a9-4f67-91b2-bb50beea1c0a/2-2-12-File-a-Complaint.aspx. You should make a separate complaint for each lender you used.

    See question 
  • I bought the timeshare program from Westgate and now I can't get out of it, if I stopped paying monthly would it ruin my credit?

    I have tried to leave this program but it is so complicated and hard, and the benefits that they promised aren't valid and its very frustrating so I would just like to end it.

    Suzanne’s Answer

    Not every creditor reports to the credit bureaus. Stopping payments may hurt your credit if your particular timeshare company reports to one or more of the credit bureaus. If a credit check was run when you applied/purchased the timeshare, then it is likely that the company does report to the bureaus.

    Even if the company does not report to the credit bureaus, if you are sued for failure to pay, and the timeshare company wins a judgment, the judgment will show up on your credit reports as a public record.

    You should have an attorney in your local area review your contract and associated paperwork to determine whether you have a right to end the timeshare, and whether any penalties would apply.

    See question 
  • Do I need a lawyer for small claims court?

    I want to sue a friend for not paying me back within the three months they signed a paper contract that was not notarized stating the they would pay me back within 3 months with the amount of $233. I was wondering if i could take this person to sm...

    Suzanne’s Answer

    I agree with the other attorneys that trying to resolve without court would be best, given the time and expense involved in suing through small claims. If you do decide to go to small claims court, this guide from Legal Aid of North Carolina may be helpful to you: http://www.legalaidnc.org/public/learn/publications/small-claims/default.aspx.

    See question 
  • Credit collectors calling my mother's residence for my sister-in-law.

    I do not have a relationship with my sister-in-law (my husband's sister) and there are creditors calling my mother's house for her. I know they are allowed to call family members, but this "relationship" seems a bit of a stretch - I don't know ho...

    Suzanne’s Answer

    Your mother may have claims against the debt collectors for telephone harassment under both federal and North Carolina law. She should contact an attorney who handles these types of cases for advice. I notice that you are writing from Kernersville. There is an attorney right there in Kernersville, Lynn Coleman, who may be able to assist you and to whom I often refer clients. You can find her contact information on Avvo at http://www.avvo.com/attorneys/27285-nc-lynn-coleman-143769.html.

    See question 
  • I am considering using a program to help rebuild my credit. They have sent me a contract which I would like to update...

    The contract enters me into the program ie tells me how much payments will be, what they are required to do and not required to do etc. If I update the contract( remove and/or add stipulations) and then they sign it how legally binding will this b...

    Suzanne’s Answer

    Most credit repair companies perform little or no services of value. They merely file form dispute letters that not only often don't work, but also can actually harm the consumer's ability to get legitimately erroneous items on the credit report corrected. Anything that these companies promise to do in return for your hard-earned money, you can do yourself, better, for free. The link below is to the Federal Trade Commission guide for disputing credit errors on your own.

    See question 
  • If I am "judgement proof" due to disability (my only income), what are other ways can they get my money.

    A lawyer is telling they can still get money from me but, he won't tell me how because he doesn't represent me.

    Suzanne’s Answer

    Before any judgment creditor can get money or property from you, they must serve you with a Notice of Right to Claim Exempt Property. This gives you the opportunity to keep money and property safe. I am including a link to a Legal Guide I wrote for Avvo that explains what money and property can be kept safe in North Carolina.

    See question