Lynn Ellen Coleman

I offer personal, compassionate assistance with debt and consumer law issues to persons in the Piedmont Triad area of North Carolina.

• Collections Defense
• Student Loan Law
• General Civil

• Free Consultation
  I offer a free online or telephone consultation.
• Credit Cards Accepted
  Debit cad only for bankruptcy. Credit card (all major cards) for other areas.
• Contingent Fees
  For certain consumer law cases only.
• Rates, Retainers and Additional Information
  I offer flat fees, contingency fees, and hourly fees depending upon the nature of the case.

North Carolina

Since 2000

Texas

1986-2000

St. Mary's University School of Law

J.D. | Law

1983 - 1986

Trinity University

B.S. | History, Political Science

1979 - 1982

North Carolina State Bar

Member

Current

National Association of Consumer Advocates

Member

2010 - Current

National Association of Consumer Bankruptcy Attorneys

Member

2009 - Current

North Carolina Bar Association

Member

1999 - Current

Q. How to file a motion to stay execution in NC for a money judgment?

February 26, 2025

A: On what grounds? The Court cannot "force" your creditor to talk to you, to negotiate or work out a payment plan. The creditor has every right to ask the Sheriff to take property to satisfy an unpaid judgment, and this one has been outstanding for over 4 months.

You best see a bankruptcy attorney ASAP because the bankruptcy stay is the only sure way to stop a writ of execution. Be aware that businesses have no right to claim exempt property. Do not delay seeing a bankruptcy attorney for some specific, thorough analysis and advice. I strongly discourage everyone from filing for bankruptcy without a lawyer.

Q. Injury on private property, judgment not paid, property sold. Next steps?

February 25, 2025

A: Your lawyer (or another lawyer if yours is not interested in pursuing the matter) needs to pursue "Supplemental Proceedings In Aid of Execution" and have the owner of the company set up for questioning about the extent and location of assets, any pending sales, income, and so forth. These proceedings will involve significant attorneys fees and court costs, so depending upon the amount of your Judgment, they may not be worth pursuing. An experienced collections attorney can help with these and some may be willing to do a "blended" fee involving a combination of cash up front and a contingency fee. Not very many attorneys do these proceedings. You need a "creditors" collection attorney. The procedures are not easy for someone who is not a lawyer to do. There are no "forms" for this. Many Judges are even not familiar with thse type of proceedings, but the law exists for them. They can put pressure on the Defendant to pay. Good luck. ... Read More

Q. Can I refile my dismissed case as Pro Se and file for Summary Judgment in NC?

February 22, 2025

A: If you are going to represent yourself, you MUST familiarize yourself with the North Carolina Rules of Civil Proceudre in their entirety, as well as your Local Rules of Court and the General Rules of Practice. Pro se do not get a break, you are held to the same standards as an attorney.

Rule 56 is the rule pertaining to summary judgment, and it states you must wait 30 days before you can file a motion for summary judgment.

I would add that the causes of action that you say are involved are very complex. "Money had and received" is not a legal claim, for example. As a pro se, you likely lack the requisite legal knowledge and skills to prepare the necessary Affidavit to win a Motion For Summary Judgment. I'm very sorry that you cannot afford the up front attorneys fees. The attorney must not have much confidence in the strength of your case if they want to be paid up front or else the likelihood of collecting the judgment from the Defendant is very slim. I suggest you do a lot of legal research on the case law (appellate and Supreme Court opinions) on the issues presented, because you likely have no idea exactly what you need to prove in order to win. Copying the complaint that counsel prepared and filed before is not going to do it unless you udnerstand what it means and what else you need to do in order to preare the Motion, the necessary Affidavit(s) with evidence that is admissible, schedule the hearing, argue it and win a judgment. ... Read More