Legal Question in Credit and Debt Law in North Carolina
Vacated by Judge but creditor still harrassing
I lived in NJ my whole life until I moved for employment reasons to NC. Attorney served a complaint and summons for me at my mothers home in NJ for unpaid credit card balance. She then mailed it to me. I contacted the NJ court and explained that i do not live in NJ for almost 2 years and when I did live in NJ it was not that county. I further explained that the SOL in NC is 3 years and according to attorney who is suing, last payment made on account was over 4 years ago. I gave the court my address along with a check for $15.00 ( the court told me to do this when I called to inquire)
2 weeks later I recieved an order from the judge in the mail from the attorney who was suing. The order states this matter is hereby vacated.
1 week later the attorney who was suing me keeps calling and sending me letters to contact them immediately to pay them for this account even though it has been vacated.
What is my recourse now? What do I need to do to stop being harrassed by them?
1 Answer from Attorneys
Re: Vacated by Judge but creditor still harrassing
I think you might have your facts a little off. Normally, we talk about dismissals. When you vacate a judgment, it doesn't mean the case is dismissed unless it says that. However, I will assume the case is dismissed now. I would first call the credit card company and advise them of that since you will want this off your credit report. They will recall the account and the attorney should leave you alone.
Failing that, write the attorney a letter and advise him that you will file ethics charges against him if he continues to bother you.
Good luck.
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