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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Thumbs down Complicated Mess

    My question involves estate proceedings in the state of: North Carolina


    My story is one that is quite odd, but I am hoping that someone here might be able to help. I was a plaintiff in a small claims suit in which I was awarded a judgment. For several years I have attempted to service the defendant his notice of right. Each time I would send my 15.00 to the Sheriff, and nothing would come of it. I did however once send the form myself via certified mail and the defendant in my case called me. The defendant stated that I was wasting my time and I would never see any money from him. He stated that his brother was a detective with the local sheriffs office. This never really worried me until now....

    I recently found out by contacting the local sheriffs office to file a complaint that the defendant of my suit passed away. His Notice to Creditors was posted in a teeny tiny newspaper that has a once a week release without an online publication in a city different than the one he lived in. He passed away in Dec 2006, and the Notice to creditors was posted in the paper in Jan 2007. This is where my problem begins....


    Somewhere between 2006 (the last time I send the sheriff money to serve him) and the time in which his estate was opened, his name was changed in the court records. It was changed to a similar name, with 2 letters changed. This disturbs me because his brother (the detective with the police department for that county, and also the executor of his estate) would have had access to his court records. There was never an issue until he passed away. Obviously because the last name was changed on the record, my judgment or lien was not attached to his estate.

    I would like to know what recourse I have at this point? Is there anything I can do without having to pay what is owed to me or more to an attorney to fix their error?

  2. #2

    Default Re: Complicated Mess

    Start by checking with the probate court to see if there was anything in his estate. If so, you may have a claim against the presonal representative.

  3. #3
    Join Date
    Aug 2008
    Posts
    2

    Default Re: Complicated Mess

    Quote Quoting lwpat
    View Post
    Start by checking with the probate court to see if there was anything in his estate. If so, you may have a claim against the presonal representative.

    He did have quite a bit in his estate. He had two homes, one of which was sold, and currently there is still one taxed in his name which was his residence. He also owned a small business and equipment for that as well as motorcycles and boats. My question is what do I do after the deadline for the notice to creditors has passed, and there was an "error" in the last name of the judgment causing it to be overlooked by the estate court?

  4. #4

    Default Re: Complicated Mess

    You will really need an attorney to straighten that out. You can probably show fraud in the change of the name in order to avoid the judgment.

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