Garnishment is where money you owe, typically as a result of a judgment or court order, is deducted directly from wages or employment earnings. Many people learn of garnishments when they have moved on or moved away from a state/jurisdiction in which a court rendered a judgment against them and this judgment “catches up with them.” This begs the question of whether a garnishment order in one state can be enforced in another state. NOTE: there is a difference between garnishment and a levy (removal of funds from an account, typically a bank account). One notable impact of this difference is the fact that an out of state judgment can result in a levy on a NC bank account.
Some creditors and attorneys can be quite aggressive when seeking to collect money so you should not summarily assume a garnishment is being executed properly. If you receive an order of garnishment or, even worse, you find money missing from your account due to a garnishment you should consult a lawyer to determine what rights you may have.
People, paper, and priorities. Aah…the essence of life. So much of what we face in life involves these three things or a combination of them. So how does one go about juggling all these things? (more…)
With all the crazy things going on in the world today I am sure all of us stop and wonder “why?” for some of what we see or hear. I know I sure do. Jadakiss of the Lox coined a great one when he asked “Why” several years ago. Allow me to share just a few of my latest “whys”…. (more…)
When your vehicle is totalled in an accident you want and deserve fair value for the vehicle. Too often insurance companies nickel and dime the consumer leading to frustration and, in some cases, throwing in the towel and accepting less than what is deserved. Here a local news station intervened and assisted a consumer get increased value for their crash-damaged vehicle.
If you find yourself in a similar situation you should contact an attorney for a consultation. Honestly, there are occasions when the amount of money involved is too small for an attorney to be able to cost-effectively assist the consumer. On such occasions the consumer can either seek a non-lawyer vehicle expert (click here and here for examples) or file a lawsuit. However you decide to proceed I wish you success in obtaining a fair resolution of your vehicle value claim.
Allegations in the case include having non-lawyers determine if lawsuits v consumers were “worthy”, having non-lawyers review the vital case information, and filing suits versus the wrong parties. This case could unearth some nefarious practices or problematic approaches taken by law firms that seek to recover debts.
In fairness, there are many law firms and collectors who follow the spirit and the letter of the law and they should be commended for such. However, as with any proverbial bunch of apples there are a few whose flaws threaten to spoil the entire bunch. Let’s hope the CFPB lawsuit is a wake-up call to law firms and collectors to play by the rules.
For those of you who are not part of the New Bern High School Class of 1989, I can only hope your class has half of the chemistry, character, and charisma of my class. With the tagline “living life to the fullest” my class spent this past weekend (August 15-17) reflecting on and celebrating 25 years since we crossed the stage on a Monday night in June 1989.
Some classmates have passed on and others were unable to attend for various reasons. Those who did attend the Reunion had (more…)
Before means preventive measures. Trying to avoid your need for legal services, liability, and/or cost in the future. Before includes:
Free Information Center—includes tips on buying a vehicle, selecting a contractor, dealing with debt collectors, devising strategies to protect you and/or your small business from liability……..and many other resources
Drafting a contract or other document(s) to establish legal rights and liabilities
Protecting your small business from a liability or litigation nightmare
After means reacting to something that has already happened. You have been sued or you are in the midst of a legal situation and are in need of fairly immediate help or representation. After includes:
In 2013 the North Carolina General Assembly increased small claims court jurisdiction from $5,000.00 to $10,000.00. This now means many more cases should be filed (and in some cases MUST be filed) in small claims court. It can be an effective forum for having a dispute heard and decided sooner rather than later.
In some respects small claims court, or Magistrate Court as it is sometimes called, looks like (more…)
Happy Friday to you. I hope you are slated for a good or at least restful weekend. As for me I am off to my 25-year high school class reunion in New Bern. This is one of those once-in-a-lifetime events. It is a blessing to be able to attend and I was humbled to have the opportunity to serve on the planning committee for the Reunion.
The New Bern Senior High School Class of 1989 had under 400 graduates but a mountain of talent and chemistry. In my class are professionals, parents, veterans, entrepreneurs, elected officials, community leaders, clergy, and many other folks doing really meaningful and cool things. I am constantly amazed at the gifts amassed within our class. Many of these gifts and the resultant energy have coalesced to put together what promises to be an outstanding weekend of events.
Unfortunately we have lost several classmates over the years including one within the last month. We remember them and honor them this weekend as we reunite and share some quality time and make memories. For those of you who were unable to attend we will miss you. And for those who will be taking the time and making the trip to attend I will see you there………travel safe……and, always……Go Bears!