Legal Question in Credit and Debt Law in North Carolina

I just received a notice by a collection group requesting a "motion for summary judgment" with

the County Clerk's Office. Since I have resided in NC for approx. 4 years and the statute of limitation for credit card debt is 3 years (in NC), I believe that this is a time barred attempt. The debt was incurred 4 - 5 years ago. They were requesting a court appearance in three weeks - how do I officially notify the County Clerk's Office that this collection attempt is not valid - due to statute expiry ?

Thank you.


Asked on 1/28/10, 9:11 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

You really need to seek the advice of an attorney immediately. If you are getting a motion for summary judgment, it sounds like a lawsuit was already filed and that you may have answered it. While a statute of limitations may be a valid defense, you need to raise it in your answer or risk losing the ability to raise it. An attorney would need to review all the documents in the file to see what is going on before being able to comment intelligently.

- Jeff

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Answered on 2/02/10, 9:19 am


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