Legal Question in Credit and Debt Law in North Carolina

A Promissary Note (Signature Loan) was signed in 2001. It has been in default for four years. Can the lender legally collect on this in North Carolina?


Asked on 1/14/10, 8:15 am

1 Answer from Attorneys

Lynn Coleman Attorney-Mediator

If the contract was 'under seal' they have 10 years from the time of default to sue for a judgment. If it is just a signature loan and it is not 'under seal', they probably won't be able to get a judgment because it has been in default for over 3 years. A partial payment resets these time periods.

A creditor can legally ask you to pay on an old account, they just can't do certain things when they ask. Take your loan agreement, information concerning the amount and date of the last payment you made, and information about what they have been doing to collect on this to a lawyer for specific advice.

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Answered on 1/21/10, 8:16 pm


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