Legal Question in Credit and Debt Law in North Carolina

What procedure if any does the North Carolina Law say in regard to collections procedure of unpaid and unsecured credit card debt?

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Asked on 12/03/10, 11:08 am

1 Answer from Attorneys

I don't understand your question as not enough information is provided. Are you a debtor or a creditor? Has a notice letter gone out? Is the debt in dispute and if so, why? Has a validation of the debt occurred? Have you been sued? Where are we at in the process?

The overall procedure is that a credit card company tries to collect for about 90 days after delinquency. Then the debt is sent to collections. The debt collector sends a letter, the debtor can dispute it or not. This can be done any number of times. The creditor can sell the debt to a junk debt buyer. Eventually, either the credit card holder or the junk debt buyer will sue. The debtor can answer a lawsuit and engage in discovery (ask for proof of the debt). Unless there is a valid defense, the judgment creditor will get a judgment, but must wait 30 days before execution. If the debtor is a consumer, they have to be served first with a notice of rights and motion to claim exempt property before a writ of execution can be issued. The writ is good for 90 days and can be reissued any number of times. Judgments are good for 10 years and can be renewed for another 10 years.

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Answered on 1/11/11, 10:01 pm


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