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    RGW11's Avatar
    RGW11 Posts: 3, Reputation: 1
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    #1

    Jan 29, 2008, 02:20 PM
    Civil summons
    I just received civil summons to appear and answer the complaint ! This is for a credit card that I stopped making payments on about six years ago! If I don't appear and answer what is the next step that will be taken!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 29, 2008, 03:21 PM
    Quote Originally Posted by RGW11
    I just received civil summons to appear and answer the complaint ! This is for a credit card that I stopped making payments on about six years ago! If I dont appear and answer what is the next step that will be taken!

    They will move for a Judgment, get an uncontested Judgment, move against your assets, lien your property and bank account, garnishee your wages (depending on where you live).

    Never a good idea not to answer Court papers.

    Are they within the Statute for your area?
    RGW11's Avatar
    RGW11 Posts: 3, Reputation: 1
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    #3

    Jan 29, 2008, 09:55 PM
    JUDYKAYTEE
    Thanks for your answer to my Question! I live in NC but I don't Know if they are within statute or not! I really don't know what you mean by that! I don't have any real property just a 30 year old single wide mobilehome on a rented lot and 2 vehicles which are both over 30 years old! I have not worked since July and am getting disability checks once a month of 60% of my salary with no idea of when I will be able to return to work!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 30, 2008, 07:43 AM
    Quote Originally Posted by RGW11
    JUDYKAYTEE
    Thanks for your answer to my Question! I live in NC but I dont Know if they are within statute or not! I really dont know what you mean by that! I dont have any real property just a 30 year old single wide mobilehome on a rented lot and 2 vehicles which are both over 30 years old! I have not worked since July and am getting disability checks once a month of 60% of my salary with no idea of when I will be able to return to work!

    In North Carolina the statute of limitations is 3 years - suit has to be commenced within 3 years of the last activity on the account (a charge, a payment) on oral, written and open (charge) accounts.

    Has there been any activity at all on this account within the past 3 years?

    (Sorry, I should have explained what I meant.)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 30, 2008, 07:51 AM
    You do not want to NOT answer the summons. That just hands them a default judgement. You need to answer the summons by sending the court a letter stating your Intent to Defend against the law suit. You then send a copy of that letter to the plaintiff. Include in your cover letter to the plaintiff a request for verification of the debt, proof they they are entitled to collect it and a history of actvity.

    If there has been no activity in the last three years, then you make a motion to dismiss on the grounds that the Statute of Limitations has expired.
    RGW11's Avatar
    RGW11 Posts: 3, Reputation: 1
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    #6

    Jan 30, 2008, 02:38 PM
    Thanks Everyone For The Help! No I Have Not Used Or Paid On This Account Since 2001 But It Has Changed Hands Several Times. This Is The First Time It Has Been With A Company Located In Nc.

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