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Old 03-13-2009, 04:45 PM
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Civil Summons-need advice on settlement


What is the name of your state (only U.S. law)? North Carolina

I received 2 civil summons one in my name and the other with my name DBA.., same case , same plaintiff. The plaintiff installed a fire sprinkler system for a small Inn that I had built--original contract $32,000. The suit is for $4,000. I do not deny that I owe them-- I simply do not have the money. They filed a lien against the Inn January 2009.

Without the long story-- I have fallen victim to our current economic crisis. My personal home and the Inn (which never opened) are in default and I could lose them to foreclosure. There is nothing that I own that has any equity in it-- other than a paid off 1998 truck. I also own a 20 unit apartment building but it is in another LLC -- so I assume that it would be off limits in a judgment against me?? I am self employed.

Are there any suggestions for how I should handle this summons?

If by some stroke of luck I am able to save my house and the Inn-- can a judgement in favor of the plaintiff force me to sell the property so they can collect the deficiency amount??What is the name of your state (only U.S. law)?

Last edited by kfisher; 03-13-2009 at 04:52 PM.
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Old 03-13-2009, 05:08 PM
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The succinct answer is yes...if the creditor secures a judgment, they can lien the house.
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