Legal Question in Credit and Debt Law in North Carolina

Situation: C/C Debt - $7800; Acct closed by Consumer 03/2005 when bal was $6444; Creditor (BOA) would not work with consumer to lower payments; Consumer became ill and had to quit work at 65. She is now 71 yrs of age; unable to work, unable to pay. Atty (Sessoms & Rogers, Durham, NC) has filed a Complaint and Civil Summons. Summons served 11/23/2010 (Complaint filed 11/17). How should consumer respond? If Consumer does not respond - what happens? Consumer cannot pay! Thanks so much for your help.

Diane Buetow


Asked on 12/13/10, 6:12 am

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

Consumer should seek legal aid or an attorney. Definitely need to respond or consumer will get a judgment against him/her. For instance, if Consumer hasn't paid since 2005, consumer may have a statute of limitations defense but if consumer doesn't raise it, then consumer will lose the defense. Consumer HAS to respond within 30 days of service or file a motion for an extension of time with the Clerk of Court.

Read more
Answered on 12/20/10, 5:52 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in North Carolina