Legal Question in Credit and Debt Law in North Carolina
Litigation in NC re debt collection
Our business was served by a vendor for payment in full. We can only pay in payments every month. Our attorney filed an extension instead of an answer. We will file an answer in May, though our answer will state we cannot pay in full, but in good faith payments monthly until paid in full. Do we automatically lose at this point and a judgment is filed against us? Our attorney is confusing us.
1 Answer from Attorneys
Re: Litigation in NC re debt collection
If your answer admits the allegations of the complaint, then the Plaintiff can probably make a motion for a summary judgment and win at that point. If you don't really have any other defenses, there is not much you can do anyway. You can try to negotiate with Plaintiff's counsel to come up with a payment plan and see if they will not proceed with the case unless you miss a payment.
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