Legal Question in Credit and Debt Law in North Carolina
how do i answer a civil summons from credit card company
1 Answer from Attorneys
Don't do this on your own. If you have valid defenses, it may be worthwhile to get a lawyer. Valid defenses are generally: (1) statute of limitations has expired; (2) wrong person has been sued and it is not your debt; (3) debt has already been paid; or (4) you do not owe the amount claimed.
It may also be that the complaint is not properly verified or the amount claimed is not correct or the complaint does not have the appropriate documentation attached. I don't know as I don't have the complaint. That is why it needs reviewed by a lawyer.
If none of these apply and it really is your debt, then (and its only my opinion) that the result is going to be the same whether you answer or not. They are going to get a judgment against you. In such case, the real question is what do you want to do about it?
You can spend money on an attorney, but that is not going to be productive. If you have a lot of debts, you may want to file bankruptcy. In which case, your money will be better spent on a bankruptcy attorney and I would urge you to consult one.
If bankruptcy is not an option, how much debt is owed? Do you want to resolve it? Deals can be worked out and debts can be settled before, during or after judgment. Any deals will depend on how much you can afford to pay. If you can't afford it now, start saving and maybe you will have enough in a few months. Or maybe you are judgment proof, in which case, you should not care.