I've Been Summoned for a Credit Card Debt. Should I Hire a Lawyer or Is There Another Option?

Question

I've Been Summoned for a Credit Card Debt. Should I Hire a Lawyer or Is There Another Option?

Answer 1

1. Check your local telephone directory for Attorneys, and only call the ones w/free consultations, is a beginning, also (2) most Counties offer "free" legal service for low-income, check with your County Government Offices for assistance (could be at your Court House) and hours of availability.

Answer 2

For Legal solutions I always visit this site where you can find all the solutions. http://creditandfinancesolutions.info/index.html?src=5YAPHb6aKJuot1



RE :I've Been Summoned for a Credit Card Debt. Should I Hire a Lawyer or Is There Another Option?

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)?

Follow 9 answers

Answer 3

Debt Summons

Answer 4

I'd get me a good atty who specializes in this area. Best Wishes!!!

Answer 5

how long was this debt closed/charged off. you need to google SOL debt for NC and do some research on this. If this was over 5-6 years old then there is a good chance of this being out side of that. Just checked NC has a Statue of limitations of 3 years. so lets say your last payment was January 2006 it is past the SOL and you would use that as you affirmative defense.

Many of these agencies will try to sue on a legally dead and get the hope that you are a no show to court, they submit documents motioning for a default judgment, because if both of you don't show they win. They show you don't they win, You show and they don't they loose. They only invest 50 bucks or so to file a small claims suit so it is a good gamble on which they usually win because the defendant just dose not show up.

I am not a legal console i just help many folks fight debt collection agencies and give them direction to proper legal console. I would suggest to get serious and do the research on the SOL and if you cannot afford an attorney go to your local red cross chapter to seek free legal services.



One last thing did you live in NC when you applied for this debt? If you did not live in NC you need to check the states SOL where you first aquired this debt. If this is the case the collector can choose the state with the longer SOL.



seems like you are doing a good job researching this out.

Answer 6

Go to the hearing. Let the judge know that your are flat broke and that you are financially bottomed out.



If you have kids bring them as well and this will show that you have kids to feed.

Answer 7

Web search "nc statute of limitations", but if the dept occurred while in another state, something else might apply for that state or the SOL may have been put on hold (not expired) if you left that state.



It looks like the SOL in NC would run 3 years from date of last payment or charge, or 10 years after they get a judgment (possibly renewable for another 10 years after that). If the SOL applies that could be used as a defense, but if you ignore the summons and court and nobody brings that up, they could still get a default judgment.



If it is your debt and and the SOL has not expired, you may be SOL with a different meaning (out of luck) unless they cannot validate the debt. But it sounds like it is your debt and you know it.

Answer 8

If the lawsuit is in NC, then they have to use that court system to garnish wages. You are correct that NC does not allow wage garnishment except for child support and taxes. However you are incorrect about VA which does allow wage garnishment for consumer debt.



http://www.bcsalliance.com/debt1_virginia.html



If they are filing a lawsuit in NC (which I believe is required since that is where the debt was acquired), then it is likely that they are trying to extend the statute of limitations or possibly garnish your bank accounts.



http://www.bcsalliance.com/debt1_northcarolina.html

Answer 9

When this happened to my mother, she simply responded to the summons with a letter stating that she was unemployed. They withdrew the suit knowing that you can't garnish wages from someone who is unemployed.



My question here is how do they even plan to collect anything if NC does not allow garnishment?



Send them a letter (certified). Let them know that you will be showing up in court and you will be requiring a validation of this "unknown" debt. Don't say it isn't yours in the courtroom, just say you don't recognize it.



And NEVER pay ANYTHING that has gone to a collection agency if that CA has already put a tradeline on your credit report.

Answer 10

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

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