No, you must first be served with a Notice of Right to Claim Exemptions in North Carolina before any property is taken from you to satisfy a money judgment on a general, unsecured debt. Further, supplemental proceedings (court hearings) are required under NCGS 1-352 before a consumer’s bank account can be drained by a judgment creditor. Creditors may have a right to seize funds from a consumer’s bank account for tax debts, student loan debts, loans secured by a consumer’s bank account, and other type of special debts.
Pause and regroup before making the situation messier.
As an Asheville bankruptcy lawyer, I know that a collection lawsuit is a warning sign that help is needed. If served with a lawsuit, the first step is to pause and regroup so that uninformed action doesn’t result in making the problem worse. I highly recommend getting professional advice immediately as soon as you learn of a pending lawsuit. There are several free community resources available to get the needed advice, so money should not keep you from learning about your legal rights.
First, many bankruptcy attorneys offer free consultations in the Asheville area – sign up for a free, initial bankruptcy consultation with me here.
OnTrack Financial is a wonderful organization committed to getting community members the information and help they need about debt problems.
Pisgah Legal Services offers free legal advice to consumers who qualify for their programs.
The point is that advice is available locally to those who seek it in Western North Carolina, and costs should not limit a consumer’s ability to become informed about their rights or their best course of action in the face of a lawsuit.
If you are concerned about your rights, and live in Western North Carolina, I’d be pleased to sit down with you to discuss the specifics of your situation.
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