Legal Question in Civil Rights Law in North Carolina

What are my rights when being ''served''

I have fallen on some financial hardships recently and have enlisted the aid of a debt mediator to assist in getting me ''back on my feet.'' One of my creditors has made an attempt to serve me by person. I was not home to receive the complaint. By state law, I believe their next attempt will be by certified mail. What are my rights? What happens if I do not ''answer'' this complaint? I have recently married and will be joining my husband who is in the military and stationed overseas so there is a very great possibility/probability I will not be in the states when this takes place and want to make sure that there are no grave consiquences. Thank you for you attention.


Asked on 6/23/02, 10:24 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: What are my rights when being ''served''

First, they may try to re-serve you at your residence. An adult at your residence can accept service for you. And yes, they may also try certified mail. Finally, there are other ways to try to effect service (e.g. publication). If you are served, and if you don't answer, then they can get a "default judgment," which means that you will lose any defenses you may have had. If you have no real "defenses" (i.e. if you simply owe the debt), then there is not too much harm. The real consequences would occur upon your return, if they try to collect on the judgment, or if it affects your credit rating. There are of course lots of options and ramifications here, and you may want to consult a lawyer. For example, if you have a lot of debts, bankruptcy could be an option. Perhaps your "mediator" can help you with some of those issues.

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Answered on 6/24/02, 9:21 am


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