Legal Question in Credit and Debt Law in North Carolina

how can i get some help on this civil summon that was send to me about a old credit card


Asked on 3/02/12, 10:12 am

1 Answer from Attorneys

Not sure what you are looking for here since you provide no details. What do you mean by "old"? A creditor or junk debt buyer is precluded by law from bringing suit against you on a debt where the statute of limitations has expired as per NC law. See NC Gen. Stat. Section � 58‑70‑115. Unfair practices.

No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following:

(4) When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.

The statute of limitations varies by state but for a North Carolina debt (i.e., a debt that was incurred in North Carolina), the statute of limitations is 3 years and would begin to run from the date of last payment.

If it has been 3 or more years since you last paid and if you have been sued, then I would immediately contact an attorney specializing in credit card defense to assist you. I know of some, but I do not know where you are located. The attorney will have to ask for dismissal of the complaint based on a violation of NC law.

I don't handle litigation. If this is your debt, you have no viable statute of limitations or other defense and you are interested in resolving the debt in a non-bankruptcy context outside of court, then I can assist. Please contact me at rachelforjustice@hotmail,com if interested.

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Answered on 3/02/12, 4:08 pm


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