Legal Question in Credit and Debt Law in North Carolina

Served with a civil summons by local Sheriffs Dept

I was served with a civil summons by our local sheriffs department for a credit card balance from 7 years ago. They have obtained an attorney and are trying to collect this now. This card has not been used in 7 years, and I have been trying to make payments as I can. I made them on a regular basis until things got so tuff, it was either pay on credit cards or feed, clothe, and keep my 6 year old daughter in a home. This is not the only debt I have, since the birth of my daughter and her father has opted not to pay his child support I have lost my house, a car, and there has been several credit cards that I have been trying to pay for as I can. The ironic thing about all this is that the credit cards were charged up by my little girls father before she was born to try to fix up his shak of a house that has now been foreclosed on. I wasn't worried about the threats until now that they have took it this far. I know that in North Carolina the only thing they can garnish my wages for is back taxes, and child support. So exactly what is going to happen, and what does a civil summons mean. It's funny how they find me for this, but can't find him to serve show cause orders for being $4000.00 behind on his child support...

Thank you.


Asked on 12/27/05, 12:50 pm

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: Served with a civil summons by local Sheriffs Dept

I am reluctant to give you specific advice - the Bankruptcy Reform Act prohibits lawyers from giving specific advice which includes bankruptcy advice and I do not practice in your local area. However, I can make some general suggestions.

If the lawsuit was filed within 3 years after you last made a payment, the statute of limitation has not expired. You may also have extended the statute of limitation even longer, depending upon what was said or agreed to between you and the credit card company. If the accounts were truly "joint" accounts, your ex-husband may also be liable to pay.

You need to seek specific legal advice concerning your entire financial situation. An answer is due to this complaint 30 days after you received it. If you do not file a written response with the Court there will likely be a default judgment taken against you. If you try and respond yourself, without a lawyer's advice, you may lose some of the defenses you might have to the lawsuit. If you do end up with a judgment against you, your credit rating will be even lower, and the creditor may try and collect from you by taking some of your property.

A good place for you to start is by contacting this agency in your area:Family Service, Inc.

214 E. Franklin Blvd. in Gastonia. You can find their number in the phone book. You need to seek help to determine the best way to get your debts under control. This agency is approved by the US Bankruptcy Court in your area to provide "debtor education services". They may also be able to refer you to a local attorney to help with this specific lawsuit and your child support collection issues.

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Answered on 12/29/05, 2:02 am


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