Legal Question in Consumer Law in North Carolina

If someone received a civil summons to pay an attorney on behalf of a credit card company, they went to the courthouse to file a written answer to request to pay this debt by December 31st, are they legally bound to pay this debt now? If they don't pay this debt, what can the attorney on behalf of the credit card company do to this person?


Asked on 11/30/09, 9:19 am

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby

It is not clear whether this person (debtor) actually filed an answer. There is not really a way to agree to pay a debt by a given date; the defendant either answers the complaint (and admits or denies the debt), or does not answer (in which case he is in "default"). In any event, the creditor must first obtain a judgment (the difficulty of which depends in part on whether an answer was filed), and then serve the debtor with a notice of right to claim exemptions, and then must use the sheriff to try to collect the judgment, which raises a lot of issues, including the debtor's collectible assets and what he can protect from collection. If the debtor has any significant assets, he probably wants to consult an attorney and provide him or her with more facts to get further guidance.

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Answered on 12/05/09, 2:41 pm
Jeff Rosner Rosner Law Firm P.A.

I don't understand the whole fact pattern but if you have admitted the debt, you will probably get a judgment entered against you. The next step (after the creditor gets the judgment) would be for the creditor to serve you with a notice of right to designate exemptions - please make sure you file this within 20 days of receipt at the courthouse and send a copy to the creditor or you will lose your exemptions. Seek an attorney's help for more guidance.

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Answered on 12/06/09, 9:23 am


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