Legal Question in Credit and Debt Law in North Carolina
I have had an account with this company for over 10 years and have never been late with payments. Because I work 3rd shift, I submitted a request to be contacted by "mail only". They didn't honor my request but continued to call. I had hip replacement surgery 13 September and notified the company as well as the insurance company that premiums were being paid to with each payment. They did not make full payments, but multiple payments that allowed my account to fall behind. I was contacted by phone on 29 January 11 to pay $19 to clear the December 2010 payment and we could work something out to get back on track. I had my wife pay them $20 on 31 Jan, and I was served with a summons on 1 February for the balance. What course of action should I take?
1 Answer from Attorneys
Just because the phone rings does not mean that you have to answer. And it does not matter than you had the account for 10 years and that you were never late. Credit card companies are heartless, soulless and brainless and they do not care.
Before you made any payments, did you get the terms of the alleged agreement in writing? If not, it did not count. They are allowed to sue for any past amounts due, but they should give you credit for whatever you have paid. And $19 is not worth suing over, so I assume that substantially more is involved than that.
How long has it been since the account went delinquent? Although from your email, I assume this is your debt and, since you last made a payment, then there is no statute of limitations issue. In that case, it is pointless to litigate.
Depending on your financial situation, it may make sense to file bankruptcy if you have other debts and you should contact a bankruptcy attorney if your debts are over $10,000. If the debts are manageable, then something needs to be worked out with the law firm. Is it Smith Debnam? Sessoms & Rogers? Someone else?
If you are interested in non-bankruptcy and non-litigation, please contact my office. I give free email or 30 minute phone consults. Any debt resolution will be handled for a fee.
Admitted in Georgia, North Caroluina & Pennsylvania
Toll free: (800)-893-3713
Office: (919)-653-8173
Mobile (after 6 pm): (678-687-9693
Email: [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
