Legal Question in Civil Rights Law in North Carolina

My son was issued a civil summons for an automobile loan and has 20 days to answer the questions about the loan, there are 7 paragraphs to be answered, he is willing to make payments to pay this off and do the right thing, but should he answer admit to all questions, his employment is steady now, should we contact the lawyers office who is handling this case to arrange payments, Needing advice please, Thank you


Asked on 3/20/12, 4:44 pm

1 Answer from Attorneys

Something does not make sense here. There is 30 days to answer a complaint in North Carolina or respond to discovery. Is your son here in NC or in another state?

If in NC, could it be that this is something other than what you have stated, like a paper called a notice of rights to designate exemptions? That is subject to the 20 day time period.

Your post seems to suggest that your son had a car that was repossessed and sold and he is or was sued for the deficiency. How much? Who is the creditor? The creditor's law firm?

All of this makes a difference. If I am correct, then this is like any other debt and can be settled for less than what is owed. Forget about payments. There is no need for that if your son is in North Carolina - there is no wage garnishment here. Why on earth would your son make payments?

He needs to start saving his money. When he has about 50% of whatever the judgment balance is at the time saved (remember that the judgment gets bigger and earns interest at a rate of 8% per year and accrues on a daily basis) then he can approach the creditor about settling the debt. Most creditors will settle for between 50% and 80% of the debt, but it depends on many factors. Some creditors want more and some will not settle at all.

I can assist your son if he resides in North Carolina and if that is where the suit is brought. If you are correct about the 20 days to answer a complaint, then your son needs to see a lawyer in the state where the lawsuit is brought. I have colleagues in many states.

I give free email consults and charge $50 for a 30 minute phone consult. Please have your son contact me at [email protected]. We can discuss the lawsuit and whether he should answer or allow a judgment to be entered and asset protection and if interested, I can assist in resolving the debt for a reasonable fee.

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Answered on 3/20/12, 11:19 pm


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