Credit Card Debt In Nc

Collection procedures of dredit card debt in NC

and if you don't thet could possibly gasrnish your wages but doubt it deny you credit for about 10 years file bankruptcy NOW

2006-03-24 06:08:58 by sgerman1966

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I have a credit card bill for about $4000 that has been closed and bought by a debt buyer (Portfolio Recovery Associates) and they have recently summoned me for a civil suit. From what I've read, I can't have my wages garnished in NC for credit card debt unless they get another state to order the garnishment, but the lawsuit is in a NC court and VA (the state where Portfolio Recovery Associates is headquartered) doesn't seem to allow it either. Also, some sources (credit lawyers' websites) say that debt buyers don't really do well in court because they don't usually have the documentation that they need to prove the case. According to the lawyers, the debt buyers are hoping that I won't show up and they'll get a default judgment - assurance that I'll have to pay and a 20-year extension on how long they have to collect. I have a few smaller past due accounts that I would also like to pay off, but I can't afford to pay everyone at once, especially if i make large lump sum payments on any particular account. I don't have much money and my husband and I are struggling to recover from unemployment issues from the past two years. Therefore, I want to make the best long-term financial decision without spending more money than necessary. Does anyone with experience in this situation have advice? Would hiring a lawyer be worth the money? Is there a way to get a free but legit legal consultation (maybe local government resources)?

First off, Portfolio is a junk debt collector and has to seek judgment in your state of residence. If this debt is older then 3 years, then it is "time barred" or also known as beyond your states statute of limitations to seek legal action. (see source)
Next check to see if the "summons" is real, it should show the court and the docket number. Call the court to verify it is authentic (Portfolio has been known to send phony documentation).
If the debt is time barred then that would be your defense and your reply to the summons.
If the debt is NOT time barred, then you need to contact the court and file a SWORN DENIAL. Most courts have a blank form you can use.
A sworn denial makes it harder for them to prove their case. The sworn denial needs to be typed, signed, notarized, filed with the clerk of the court, and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount".


This eliminates the Sworn Affidavit of Account that the collection attorney has. Now they must produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The witness must be from the original creditor and also provide original documentation. This increases the chance the action will go no further.

As to free legal help, you might qualify for legal aid depending upon your income and assets. Check you local legal aid office.

Hope this answer is of help to you
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice



Hope this helps answer your question.

2009-08-28 00:14:51 by Tiffany W

I made a payment and now they have a debt collector getting a summons for the money due. The SOL in NC is 3 years on credit cards and so I believe they cannot sue me for the money. Is this right or does the SOL date restart when the debt is bought by the debt collector? I need to know before I call their lawyer so please help. Thanks.

A debt can be collected by means of a civil suit up until 3 years after the debt was initially incurred, by the original company, however this does not apply to a resold debt or any acknowledgment of the debt. That will reset the time frame.

Normally a company will wait until the 11th hour to sue for a debt as not only can the collect on the original debt but the interest as well. They can sue you, and in fact they are suing you.

2008-05-20 06:40:07 by mtk0519

Price: $2.99

My sister is having trouble paying her credit cards off. Her bank acct is in MA and she lives in NC. It is a different credit card co, than her bank account.

I heard a retiree in NYC had his bank account (social security payments) frozen due to bad credit card debt. They say this is illegal but it was still done.

a credit card co. affiliated with the same bank i use got a judgement on me dec 05. i heard nothing more until aug 08 when they cleaned out my checking account calling it a setoff. after clening out my account and causing 750.00 in bad checks and overdraft fees for a total of over 2200.00 bucks they informed me they will take 100.00 biweekly until the judgment is paid. most of the money in my account was not wages. it was a tax refund and an economic stimulus check. theyll take it if you got it one way or the other. i wont mention who the creditor was. there may be skip tracers about.

2008-10-09 17:19:21 by golden sindy

I am looking for The SOL on Credit cards debts in NC. I know it is 3 years. Where is it in the NC Gen Statutes?
I have looked forever. Thanks!!!

NC SOL statute

§1-52.
Within three years an action -

(1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1- 53(1).

2007-08-27 19:07:43 by Darrell H