Liens and Garnishment

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Latest post 04-13-2012 8:44 AM by sandra0606. 7 replies.
  • 03-23-2012 9:39 AM

    Liens and Garnishment

    If a judgement was entered in Maryland in 2001 against me, and I have moved to North Carolina in 2006; with guideliness are used to continue to pursue for money or property liens. In North Carolina, you have 10 years and if judgement isn't renewed, then they can not do anything. In Maryland, they have 13 years to renew the judgement. So, my question is, if I reside in North Carolina now, do they still have 13 years(Maryland law) or 10 years(North Carolina law), to renew the judgement. And are they able to put lien on items in North Carolina, if the judgement is renewed?

  • 03-23-2012 11:23 AM In reply to

    Re: Liens and Garnishment

    Mike_MIKER34:
    if I reside in North Carolina now, do they still have 13 years(Maryland law) or 10 years(North Carolina law), to renew the judgement

    As long as the MD judgment is properly filed in NC it

    • "A judgment so filed has the same effect and is subject to the same defenses as a judgment of this State and shall be enforced or satisfied in like manner."

    http://judgments.uslegal.com/foreign-judgements/north-carolina-foreign-judgments-law/

    • "A judgment may be "renewed" so to speak, by filing a Complaint prior to the expiration of the 10 year effect of the original judgment. That Complaint must be filed and served on the Defendant(s)/judgment debtor(s) in the same manner as the original Complaint in the case. Technically, it does not "renew" the old judgment. Rather, it is a new judgment based upon the existing liability that extends from the original judgment. This procedure can only be done once. See N.C.G.S. s 1-47(1)."

    http://twkerner.typepad.com/north_carolina_judgment_e/2009/07/renewing-a-judgment-in-north-carolina.html

    So, if the judgment is not properly filed in NC (and "renewed) within the 10 year period, then it cannot be enforced by an NC court.

    Mike_MIKER34:
    And are they able to put lien on items in North Carolina, if the judgement is renewed?

    If by "put lien on items" you mean execute against or attach property through the NC courts, no, I don't think so.

    However, I don't think there is any prohibition against the creditor recording the document in the county recorder where you live. Could cause you some inconvenience that way.

    I also have no idea whether the creditor can use the MD courts by long distance.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-23-2012 1:41 PM In reply to

    Re: Liens and Garnishment

    So my main question is, are they able to do anything since the judgement is 11 years old and I am in North Carolina now. Maryland law states judgements are good for 13 years and if they do not renew it then they can not do anything. But since it is not 13 years yet, do they have to file it in North Carolina, and according to North Carolina, they have to do it before 10 years. So the other question is are they able to do anything in North Carolina since it is over 10 years old.

  • 03-23-2012 2:15 PM In reply to

    Re: Liens and Garnishment

    I can't guarantee it, but my guess (based on what I posted) is that you are home free with regard to any NC courts.

    Unfortunately (I just found it), the following may come as bad news to you:

    • "Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order."

    http://www.nclabor.com/wh/fact%20sheets/garnishments.htm

    Appears that you might still be at risk for wage garnishment (and perhaps bank account levy) if a MD court orders it within the 13 year life of the MD judgment.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-23-2012 3:17 PM In reply to

    Re: Liens and Garnishment

    I am receiving social security disability, can they touch that. ALso I purchased home in North Carolina are they able to do anything.

  • 03-23-2012 3:18 PM In reply to

    Re: Liens and Garnishment

    And it is a judgement for car lease returned and had a little damaged.

  • 03-23-2012 5:03 PM In reply to

    Re: Liens and Garnishment

    Mike_MIKER34:
    I am receiving social security disability, can they touch that

    Social Security is exempt from attachment or garnishment.

    And there were some additional safeguards that the federal government came out with last year. You can read about it at:

    http://shop.consumerlaw.org/pdf/nclc-rpts-repo-jan-feb-2011.pdf

    Mike_MIKER34:
    ALso I purchased home in North Carolina are they able to do anything.

    The NC homestead exemption is $35,000. That applies to the equity in your home (approximately the current value less loan balance).

    See NCGS 1C-1601 for that and other exemptions:

    http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0001C

    That link has more information about how foreign (other state) judgments work. See Article 17.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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