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Debt Law North Carolina

Debt Law North Carolina opt

Debt Law North Carolina

If you are not willing or unable to pay off a debt voluntarily, the State of North Carolina has various legal means for a creditor to collect your debt. However, a creditor cannot immediately try and force you to pay the money which you owe. First, the creditor must go to the court and obtain a judgment against you. Once the court enters a judgment, the creditor can then begin collection proceedings by way of a wage garnishment, liens on the debtor’s property, and/or withholding money from the debtor’s bank account.

If a judgment has been issued against you by a court of law, allowing a creditor to pursue debt collection proceedings, it is important to keep in mind that you have legal options – including filing for bankruptcy (Chapter 7 or Chapter 13), in some cases. The North Carolina debt collection lawyers at King Law Firm can explain those options to you and help you decide upon the best course of action, given your unique circumstances. Please call us today to learn more about how we may be able to assist you with your legal matter.

Wage Garnishment

Garnishing a person’s wages is one common method that creditors use to collect on a debt. In this scenario, a creditor will contact a person’s employer and require him or her to take out a certain amount of earnings that would usually go to the employee each pay period. The employer must then forward that held money to the creditor.

Wage garnishment may be used as a way to collect on debts that are related to child support, student loans, alimony, and ambulance services. However, wage garnishment may not be used as a way to collect credit card debts, car loans, and other types of personal debt. 

Property Liens

A property lien is an encumbrance – such as a mortgage – which exists on a certain piece of property. In some cases, a creditor who has a judgment against a debtor may be able to have a lien placed on the debtor’s home. In that scenario, if the debtor later decides to refinance the home or sell it, he or she must satisfy the remaining lien on the home from the proceeds of the sale. Moreover, if the value of the lien exceeds the value of the home’s equity, then the debtor may not be able to refinance or sell the home until such time as the lien is paid off in full.

Bank Levies

A bank account levy allows a creditor or debt collector to take money from a person’s bank account in order to satisfy a debt that is outstanding. In North Carolina, if you have a judgment that has been entered against you, you should be careful about money you deposit into a bank account. Most bank accounts are non-exempt from collections by creditors with judgments.

 Speak to an Experienced North Carolina Debt Collection Lawyer Today

At King Law Firm, we make it our priority to help you fight unfair debt collection practices and can help you decide on the best course of action for your circumstances. To schedule a free case evaluation and legal consultation with a North Carolina debt collection attorney, please call us at (855) 206-0052 or contact us online today.

The Advantages of Filing for Bankruptcy

The Advantages of Filing for Bankruptcy in north carolina

The Advantages of Filing for Bankruptcy 

The decision to file for bankruptcy (either Chapter 7 or Chapter 13) is a difficult one for most people and is often seen as an option of last resort. This is because declaring bankruptcy can have a significant effect on your credit and financial well-being. Moreover, after you file for bankruptcy, it can sometimes be difficult to prove your creditworthiness to lenders and obtain loans for some time after filing. However, for some people, the benefits of filing for bankruptcy far outweigh the downsides.

If you are in the process of deciding whether filing for bankruptcy is right for you, the North Carolina bankruptcy lawyers at the King Law Firm may be able to help. Our team of compassionate and experienced attorneys will review your financial situation with you and can help you decide if filing for bankruptcy is a good option, given your unique financial circumstances. Please call us today to find out more about how we can help you handle your bankruptcy case.

A Fresh Financial Start

Perhaps the most apparent and attractive advantage of filing for bankruptcy is the fact that you can often obtain a fresh financial start. While there are significant differences between Chapter 7 and Chapter 13 bankruptcy, both allow consumers to discharge various types of debt upon the conclusion of their cases. The type of bankruptcy appropriate for you will depend on a number of factors, including your income, your goals, and whether you want to hold on to certain assets. An attorney can help you figure out what type of bankruptcy would benefit you the most.

You Can Rebuild Your Credit Sooner Rather than Later

Declaring bankruptcy can have a significant impact on your creditworthiness and credit scores. However, another important advantage of declaring bankruptcy is that it will allow you to start rebuilding your credit right away. In fact, many people who file for bankruptcy are able to obtain financing not long after their case has concluded.

There are Worse Things than Bankruptcy

Although declaring bankruptcy will likely have a significant impact on your credit score, there are worse things that can hurt your future credit and your future ability to obtain a loan from a bank or credit union. Specifically, not filing can lead to lawsuits, defaults, missed payments, and repossessions to future lenders. 

Bankruptcy Can Lead to a Brighter Future

If you are having trouble keeping up with your bills and feel like your debts are holding you down, bankruptcy can be your path to a better financial future. By eliminating debt and giving you a fresh start, bankruptcy can allow you to build a positive credit history and start making financial decisions that lead to security and stability in the future.

Contact a North Carolina Bankruptcy Lawyer Today

Filing for bankruptcy is not the best course of action for everyone. At the King Law Firm, our legal team can assist you with making your decision and is committed to helping you every step of the way through the bankruptcy filing process. To schedule a free case evaluation and legal consultation with an experienced North Carolina bankruptcy attorney, please call us at (855) 206-0052 or contact us online today.

The Benefits of Filing Chapter 7 Bankruptcy

The Benefits of Filing Chapter 7 Bankruptcy in north carolina

The Benefits of Filing Chapter 7 Bankruptcy

Although filing for bankruptcy is often seen as a last resort for most people, filing actually has significant benefits and can often help people eliminate debts. Chapter 7 bankruptcy allows for the discharge of debt after the liquidation of a debtor’s non-exempt assets in order to pay off the person’s creditors. To qualify for this type of bankruptcy, however, the debtor has to satisfy certain income requirements. Importantly, there are some situations in which Chapter 13 is a better option for consumers, so it’s always important to speak to an attorney before making any decisions that can affect your legal rights

If you are contemplating filing for bankruptcy, it is extremely important that you have an experienced lawyer on your side, helping you make that decision. The North Carolina bankruptcy lawyers at King Law Firm can assist you with taking all of the necessary steps to file for a Chapter 7 bankruptcy. Please call us today to find out more about how we can assist you with your Chapter 7 bankruptcy case.

Advantages of Chapter 7

The primary goal of filing for Chapter 7 bankruptcy is to allow the debtor to start over again with a clean financial slate. Since a Chapter 7 bankruptcy eliminates certain types of debt, the debtor can escape personal liability for all of the debt that is being discharged in bankruptcy.

It is important to keep in mind, however, that there are certain types of debt that, generally speaking, cannot be discharged in bankruptcy. One of the most commonly cited examples of such debt is student loan debt. Moreover, liens on property, including tax liens, mortgages, and mechanic’s liens will still remain in place after Chapter 7 bankruptcy proceedings are completed.

Still, filing for Chapter 7 bankruptcy has its advantages. Some of the most common advantages of filing for Chapter 7 bankruptcy include the following:

The Automatic Stay

When you file for Chapter 7 bankruptcy, it results in an automatic stay that prevents debtors from engaging in any collection activity while your case is pending.

Quick discharge of debt

Discharging debt pursuant to a Chapter 7 bankruptcy proceeding typically occurs within a very short period of time – typically within the 90-day period after filing for bankruptcy.

No limit on the amount of debt to be discharged

A Chapter 7 bankruptcy does not impose a limitation on the amount of debt that is subject to discharge. Chapter 13 bankruptcies, on the other hand, do have such limitations. Also, unlike with a Chapter 13 bankruptcy, an individual who files for a Chapter 7 bankruptcy does not have to make debt payments in accordance with a repayment plan imposed by the court. 

Speak with a North Carolina Bankruptcy Lawyer Today

The knowledgeable legal team at King Law Firm is ready to assist you with your Chapter 7 bankruptcy case. To schedule a free case evaluation and legal consultation with an experienced North Carolina bankruptcy attorney, please call us at (855) 675-1978 or contact us online today.

5 Mistakes To Avoid When Hiring a Workers Comp Lawyer

workers compensation lawyer wilmington north carolina

5 Mistakes to avoid when hiring a workers comp lawyer in Wilmington

Going through the ordeal of a work-related injury or illness is bad enough. To make things worse, you have to practically fight for your claims and benefits. You can’t do this on your own.

You need to hire a lawyer in Wilmington specializing in workers’ compensation, which is not an easy task. Here are some mistakes to avoid ensuring you hire the best person for your case.

1.    Insufficient research

Yes, the internet is indeed a great resource to find your lawyer. It applies if you use it to learn more about potential attorneys and not believe everything upfront.

Visit prospective lawyers’ websites to gather more information once you narrow down your options. Look for and read testimonials from former clients.

Websites should not entirely influence your choice, but give you an idea of the person’s experience, professionalism, and track record.

2.    Not selecting a specialized attorney

Don’t hire just any lawyer you find. Hire someone dedicated to handling worker’s compensation claims. They are familiar with and updated with the intricacies of the related laws.

They are also familiar with the board and local judges. They will also be familiar with local medical practices.  Their links give you better medical treatment and a better chance of claiming the workers’ compensation benefits you deserve.

3.    Not asking for recommendations for an experienced workers comp lawyer in Wilmington

Don’t make the mistake of not asking friends, family, and colleagues for referrals for an experienced workers comp lawyer in Wilmington. While you can still find attorney information by picking up your local yellow pages, the digital age has made things easier. You can find information on most attorneys by reviewing various social media accounts, using google (or your preferred search engine) and by reviewing their website(s). Word of mouth will always be a great way to obtain information. They mostly rely on word-of-mouth and referrals to get new clients.

4.    Not correctly using the free initial consultation

Don’t make the mistake of not asking questions during the meeting. Not only will the lawyer ask questions, but you should also treat it as your interview of the lawyer.

Remember, you will eventually be paying them, so ask questions like how many years of experience they have handling workers’ compensation claims, ask if they will be working on the case or assigning paralegals for most of the proceedings. Most importantly, ask them to explain the workers’ compensation claim process and their fees.

A workers comp lawyer in Wilmington doesn’t usually charge for unsuccessful cases. But it’s always better to ask and confirm before proceeding.

5.    Hiring the first lawyer you meet

No matter how good the first lawyer may seem, always interview a few others before finalizing your choice. Use their initial free consultation to discuss your case with them and select someone who inspires confidence in you. You never know. The next lawyer may be more experienced, professional, and capable.

Now you know the five common mistakes to avoid while looking for an experienced workers comp lawyer in Wilmington. Use it to your advantage to select the right person to help you claim the benefits you rightfully deserve.

Contact the King Law Firm today to schedule a consultation at (800) 635-1683

CHAPTER 13 OR 7 BANKRUPTCY WHICH IS BEST?

jacksonville north carolina bankruptcy lawyer

North Carolina Bankruptcy Lawyers

It all depends on your current situation. Without a doubt, filing for bankruptcy can be a lifesaver when in serious debt. It will wipe the slate clean, stop collection phone calls and letters, and give you a fresh new start. Almost any type of consumer debt can be discharged, such as credit card bills and medical debt, which are dischargeable via bankruptcy. The majority of people get to keep all of their property, including their house and car. But, whether to file for bankruptcy, when to file, and how-to file are all extremely important things you need to consider. The financial circumstances, future expectations, and personal expectations of each individual need to be carefully assessed. It also depends on what type of debts you have. If most of your debt is non-dischargeable (most tax debts, student loans, child or spousal support, etc.), then Chapter 7 bankruptcy, at least, may not be the best option. But Chapter 13 bankruptcy could be a good solution. Ultimately, of course, the decision whether to file for bankruptcy must be made by the individual or couple, not by friends, family, or a lawyer. 

With that in mind, we recommended that those considering bankruptcies consult with a qualified bankruptcy attorney before making this decision. The bankruptcy laws themselves can be complex and are poorly drafted, and have been interpreted differently depending on the jurisdiction. The required forms are numerous and require accurate, detailed current information.  A good attorney will never try to “rush” his or her potential client to file for bankruptcy. Instead, the attorney should thoroughly evaluate the circumstances of the client and explain the bankruptcy process, including the pros and the cons. Only in this way can people considering bankruptcy make the best decision for themselves and their families. Of course, there are scenarios in which, even if you have fallen behind on your bills and accumulated significant debt, bankruptcy may not be the best option. However, if you can answer yes to some or many of the following questions then bankruptcy may indeed be a good option for you. 

Are you significantly behind on your credit card payments or other payments? Has your credit card company or another creditor/debt collector sent you a default notice, or threatened to sue you? Has a creditor assigned your debt for collection? Are you being sued by a debt collector or its attorney? Do you have judgments against you for unpaid debts? Are your wages being garnished or threatened with garnishment? Have you recently lost a job, suffered an illness or a disability, and had debts pile up? Are you stressed out about your debts and concerned about your ability to pay them? Have you incurred significant medical bills that you are afraid you will not be able to pay? Has the stress of your debts caused arguments or turmoil in your personal life? Are debt collectors calling you, sending you letters, or harassing you? Do you need to free up money that you are paying to your creditors so you can afford your basic living expenses like mortgage/rent, food, and support for your family? 

If you or someone you know are having financial difficulties and might benefit by consulting a bankruptcy attorney, call King Law Firm today and speak with a lawyer. (855) 205-9940

Contact King Law Firm today to schedule a consultation at (855) 205-9940

Can Filing For Bankruptcy Prevent A Foreclosure?

can bankruptcy prevent foreclosure

North Carolina Bankruptcy Lawyers

Being proactive and filing for bankruptcy before your house is sold at a sale may help you stop or prevent the foreclosure of your residence.  If you want to prevent a foreclosure by filing for bankruptcy in North Carolina, you should contact a North Carolina bankruptcy attorney as soon as you start having serious financial issues.

Bankruptcy and Foreclosure: Automatic Stay, Temporarily Stop Foreclosure

When you file for a Chapter 13 bankruptcy or file for a Chapter 7 bankruptcy, the court will automatically issue an Order for Relief that has a provision for an automatic stay.  An automatic stay will prevent your creditors who are listed in your bankruptcy petition from collecting on the debts that you owe them.

 

Chapter 13 Bankruptcy to Prevent Foreclosure

Chapter 13 bankruptcy is designed to consolidate bills and repay creditors. Your Chapter 13 bankruptcy petition must be filed before a sheriff’s sale, or you will not be able to reinstate your home mortgage. If you file before a sheriff’s sale, you might be able to cure your mortgage arrearages over a period of years under a repayment plan.

 

Bankruptcy attorney Ken King is a Bankruptcy attorney with over 30 years of legal experience.  He and his team of North Carolina bankruptcy attorneys have represented thousands of individuals and families in bankruptcies.