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!

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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!

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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?

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!

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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!

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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.)

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.

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.