Legal Question in Credit and Debt Law in North Carolina
Credit Card Debt - Received Papers
Hi, I received what appear to be a civil summons from a sheriff at my door. It is from an outstanding $1,700 credit card balance that I owed a few years ago. I cannot locate a court date on them? The law office is legit & I'm sure so was the sheriff, but not sure what I should do next. I don't have the money to pay, or I would've paid it.
Thx.
Kimberly
1 Answer from Attorneys
Re: Credit Card Debt - Received Papers
A court date has not been set yet. Youneed to read the instructions - you have 30 days to answer. Doing nothing is the worst thing you can do and is what the creditor wants you to do. You need to answer the complaint. You will need to do some research in how to answer a complaint. If you just write a letter saying you owe the money but can't pay it back, they will get a judgment against you. If this is a valid legal debt, maybe you should admit it or maybe you should attempt to work out a payment plan BUT, for example, maybe the Statute of Limitations has already expired. If that is the case, then you would not legally owe the money. However, if you do not raise the statute of limitations as a defense in your aswer, you could lose it. I can tell you that if the debt is over three years old and you aven't made any payments in three years, you most likely have a statute of limitations defense.
- Jeff