There is a judgment against me since May 2013 in the state of New York civil court for $44,000. I could not afford it then and I still cannot afford it today, now it appears the person who won the case against me is trying to get the judgment enforced in N. Carolina where I live since 2005.
I know they have a legal right to go after me and not sure what they are going to do.
I have no assets, I rent and don't own a home, car or anything except bare essentials, I make only $8.65 per hour. Frankly I'm not dodging their claim if I had the money I would pay just to resolve everything and be free of this.
You need to make sure you respond to all legal papers that are served on you. You have protections under the law called "exemptions" that prevent the judgment creditor from taking assets that you need for daily living. From your description, there may be nothing they can get from you at this point. However, if you do not claim these exemptions, you lose them.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
I couldn't have provided a more perfect answer than that of my colleague, Attorney Faucher! But I would add that believe it or not, sometimes the creditor/plaintiff may wait a long long while (sometimes years) before actually trying to pursue and execute the judgment if they suspect that right now you have no money or collectible assets (hence the judgment and inability to pay or settle in the first place). And also because in NC, a judgment is good for TEN WHOLE YEARS and even after that can be renewed for another 10 years.
For example, I have had clients get served with "legal papers" 3-4 years later and they think they are being sued for something new, because it has been so long with no action that they honestly forgot about the judgment. But once I see that the file number for the case on the legal papers is from years ago and that the document is called a Writ of Execution or Notice of Right to Exemptions (as opposed to a Summons and Complaint), I explain to them this is an old judgment they were already sued for and which is now being collected upon.
So for now, nothing you can do and you are not violating anything or doing anything wrong. But do know that if you do come into any sizable amount of money (such as half of the judgment or even something a little less than that), you can always contact them (on your own or advisably through an attorney) to propose a settlement such as a one lump sum or a high down payment and then high monthly payments. With uncollectible judgments, they will often entertain reasonable settlement proposals. Or again you can just continue to do nothing and wait to see if they will eventually move forward some day.
The responses contained herein do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. The responses may or may not apply to you and should not be relied upon as ACTUAL legal advice. Rather, what is being provided here is legal information that would be best followed through on with a consult with an attorney after learning more about your specific facts, needs, legal issues, and goals.
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