If there has not been a judgement placed against me, doesthe creditorhave the right to request information about my assets?

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If there has not been a judgement placed against me, doesthe creditorhave the right to request information about my assets?

My husband and I had a car reprocessed 5 years ago. The collection company filled a judgement and won against my husband. But nothing has been filled against me. Now I have received a 20 day thing by the sheriff’s department. It wants to know what I want exempted from them. Do I have to fill this out if a judgement has not been awarded to them?

Asked on July 11, 2011 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From your question, it sound as though there is a judgment against you by the lender for the car you had repossessed five years ago and that the lender is going through a process to collect on the judgment it has.

It appears that since information about your assets is being sought by the sheriff, there is an order of examination coming up as to you so that monies that you have can be used to pay off the judgment.

Since the creditor now has a judgment against you, it has every right to request information about your assets. You are required to fill out an information sheet for the sheriff as part of the process. If you do not, a judge could order you to appear in court, order you to fill out the information and impose sanctions upon you for not filling out the form voluntarily.


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