I have been researching tremendously on a judgement I have recently received from providian credit card. Let me give a little background to my situation. I was in a bad credit situation about three years ago. Since then I have paid off all of my credit cars except one. Cach, LLC received the charged off debt from providian credit card. Cach use to harass me until I quoted to Cach the fair debt collection act and Cach stopped calling me. During this time, I was reducing the majority of debt but was unable to pay Cach and I had some serious issues over the principal amount which was 4200 because the principal on the account was only 3000. To make a long story short, I live in NC. I was issued a summons without a date to appear in court. Secondly in the summons, Cach had lied and stated I made a payment in 2005 but in actuality, I had not made a payment since 2003. NC has a statute of limitations for 3 years and my last payment was in June of 03. I received a notice or order on 12/05 which were forms outlining what I could exempt from being garnished or held a lien against. I was able to exempt everything including bank accounts, tax returns, one car, and clothes etc. Now I received a money letter of execution requested from the sheriff department. I have two weeks to notify the sheriff department. Proceedings may be started against any personal or real assets I may own. I am going to pay this debt but not at 4200 because that is not what I owe. There were errors made solely on statute of limitations that I can prove and I would like to know how I could void this judgement.

My first question is why you let it go so far? Generally, the initial summons asks whether you intend to defend. There is no court date because they don't know if a hearing is necessary until you tell them you plan on defending. If you didn't respond to the summons then the creditor was awarded a default judgement. And that's where you are now.

What you need to do is go back to the court and file a Motion to Vacate the judgement asking for a new hearing. You can then require that the creditor produce proof of the nature and amount of the debt. Also whether the SOL has expired or not.

One of the main reasons it took me so long was money at that time. I had lost one of my two jobs that had kept me afloat. Two my job would not allow me at that time to take time off because I was in a trial period. If I was to take time off, that would have disqualified me from that position. The question I ask, in order to file a motion to vacate the judgement, I just need to go to the clerk of the court.

Yes you need to file with the court clerk.

Now there is a new twist, I have contacted the sheriff department on the right to payment of execution requested. I am now being told that the information forbidden certain assets from being taken are now allowed because I did not sign the forms from what the officer is saying. Now she wanted me to give her my personal information and of course, I refused. The officer stated now she will give them the right to take personal property. The officer is also saying the right to vacate a judgement does not have anything to do with her and it might not go through anyway. What is the likelihood of a right to vacate a judgement not going through with the clerk of court with a sol on the debt and erroneous payment made in 2005? Two, can anyone point me in a direction of a lawyer in NC that I can get to handle this because I feel as though I am being played for a fool right now because I did sign that form?

First a Motion to Vacate will be approved or denied by a judge, not the clerk. All you are doing is asking for a new hearing. The sheriff is partially right. The Motion to Vacate has nothing to do with her unless and until its granted. At that point any court order she has to seize property remains in force.

The sheriff works for the creditor. They get a paid a fee to recover assets and the fee may dependon the amount ofassets they recover. In many places a sheriff is not a law enforcement officer, but a political appointee who collects fees fas a process server, eviction officer, or recovering assets. So don't take what they tell as gospel.

I appreciate you answering these questions for me. The officer was waffling because first the officer stated I did not get the forms on time until I told her they were mailed the same day I received them. Then the officer change her statement to I did not sign them. Sounds a little fishy but I am not dwelling on that so much because I kind of understood the sheriff department works for the creditor but not quite for sure. I am more or less worried about filing this motion and ensuring everything I fill out will be thorough. I do not want to leave any loop holes. I found a statement that reflected my last payment made to Providian which was on May 4, 2003. The summons stated my last payment was in 2005. Cach filed the motion in June 27, 2006. So this is my main focus of getting the motion because in nc it is a 3 year statute of limitation. I just want to know is the motion very technical or relatively easy to fill out because I do not want any loop holes. If so, I would pay a lawyer just to fill the motion out for me.

It should be pretty straight forward. Unless your debt is really large you are dealing with a small claims court which is more informal.

Spoke to a lawyer today concerning the credit card. She was saying everything I was told were myths. She stated I would not get a vacate of judgement because too much time had elapsed since the judgement. They would not be able to collect any items because of nc laws but they could continue adding interest. The lawyer stated I signed a contract when I used the card. My only option would be to negotiate the credit card or setup payment arrangements. I have an appointment with another lawyer in raleigh, nc but I think they are bankruptcy lawyers. Should I take this lawyer advice and pay the astronomical amount or see if the other lawyers are going to coincide with this lawyer and say I just need to settle or pay the debt.

You don't indicate how long ago they got the judgement, it sounded recent. There may be a time limit in NC on when you can file a motion to vacate. Buit I don't like the myths remark. I would get a second opinion before you go further. I would also ask them to give you the exact cite that states its too late to file a motion to vacate.

I was hoping you said that. I had the same notion because other lawyers , that I had contacted, seem to give me a different indication. Two, I have a lawyer trying to verify my income. Is this a case of a lawyer trying to go the bankruptcy route? I am definitely trying not to go that route. I also had a firm out of Texas that I truly feel is a scam trying to get me to pay the firm $2500 and they will erase 1-7 credit cards. Have you ever heard of an amount that large to get rid of a debt?

There are a lot of scams about that (erasing debt). You shouldn't have to pay an upfront fee.