North Carolina Sample Letter for Alleged Payments Due from Defendant
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How to fill out Sample Letter For Alleged Payments Due From Defendant?
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FAQ
If you do not timely respond or contact the plaintiff's counsel, the plaintiff may move for entry of default and default judgment against you. If that judgment is obtained, the defendant may receive a ?Notice of Right to Designate Exemptions,? which begins the process of attempting to collect the judgment against you.
If he does, a sheriff's deputy in that county will attempt to enforce the judgment by seizing the judgment debtor's property and selling that property to pay for your judgment.
How to Write an Intent to Sue Letter Header. Include your contact information. ... Statement of Intent to Sue. Include a concise statement of how much money you are owed and the letter's intent. ... Body of the Letter. Include the most important facts of the dispute. ... Conclusion and Signature. Include a deadline.
If the total amount is not paid within 40 days of the conviction (or within 40 days of the date allowed by the court, if a later date), then an additional fee will be added to the total because of the delay. See the next question for more detail.
If a judgment is entered against you, the plaintiff cannot (with a few limited exceptions) have your wages garnished to pay for a judgment entered in North Carolina but can file papers to have the Sheriff garnish your bank accounts or seize your other assets.
Many people reach an agreement about the terms of payment after the court decides how much money one party must pay the other. If there is no agreement, the winning party can begin the collections process. The clerk of superior court will record the judgment, and interest will begin to accrue if it is not paid.
Your attorney could file a Motion to Dismiss your charges if there is insufficient evidence to support a conviction. The prosecutor must prove every single element of a charge. Otherwise, there is inadequate evidence, and the court may dismiss your case.
In North Carolina, a judgment is enforceable for 10 years from the date it was entered. After that point, it no longer can be enforced and is expired. Prior to the expiration of the judgment, the judgment creditor could seek to have it extended for another 10 years once.