sw197902 Posted October 22, 2004 Report Share Posted October 22, 2004 I was served a civil summons by the Sheriffs Dept. in my town in NC. It was fo a CA that I originally opened in 2000. They are saying my last pyament was in 2002 but I don't think that is correct. I am not sure when the last time I made a payment was (I am checking on that), but I am pretty sure it was 2001. Anyway, I sent them out via Certified Mail a Debt validation letter today, thanks to this site. The plantiff is Credigy Receivables and they have apparently hired lawyers in my state to represent them. The original creditor is Discover card. There was no court date or anything on the summons. Just instructions to answer the complaint. I have mailed the Debt validation letter. Is there something else I should do while I wait for a response? If they validate the debt, what happens next? Should there have been a court date if this was the real thing or are they just trying to scare me? It makes me wonder if they weren't just trying to scare me since the plantiff is not Discover Card. I am getting copies of my CR today and will be checking on the SOL. Thanks for any help you can give!! Link to comment Share on other sites More sharing options...
anti-something Posted October 22, 2004 Report Share Posted October 22, 2004 call the court and see if the complaint against you has been filed. Link to comment Share on other sites More sharing options...
LadynRed Posted October 22, 2004 Report Share Posted October 22, 2004 If you've been served a summons, the case has been filed with the court.What you MUST do, if instructed, is to file your Answer to the Complaint within the time specified. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 24, 2004 Report Share Posted October 24, 2004 You have been sued. Forget the DV. That is not answering court process. You must answer the complaint, which means admitting or denying the allegations in teh complaint, and raising defenses to the action. If you are unsure of yourself, or it is a lot of money at stake, see a lawyer. DOn't wait. Most lower courts give you between 10 and 30 days to answer. Check your summons carefully. Link to comment Share on other sites More sharing options...
chaberek Posted October 25, 2004 Report Share Posted October 25, 2004 I just finished my answer today(great source is one of the posts on this forum), going to serve it tommorow-I'll keep you posted how it went.Good Luck Link to comment Share on other sites More sharing options...
sw197902 Posted October 25, 2004 Author Report Share Posted October 25, 2004 If I answer the civil summons and admit to this debt, what happens next? Do I then go to court? I checked the complaint, there is now court date at all anywhere. I asked teh sherriff who served me as well. He said there was not court date, that I needed to get in contact with the people who served me the summons. The summons says I need to mail a wriiten answer to them in 30 days. The only thing attached is the Discover Card Card Member agreement and the amount I owe calculated with interest. Am I now responsible to pay Credigy Receivables for my debt with Discover Card? If I admit to the debt, will they set up a payment plan? I am a single mother with a sick son, I can barely afford the regular monthly bills I have now. Are these people really going to work with me to pay soemthing that I can afford? If they file a judgement on me, what does that mean. I apologize for all the questions, but my sons health and medical bills come first. I don't mind paying the money back but I really can't afoor anymore than $50 a month. Please Help!! I am really worried now. Link to comment Share on other sites More sharing options...
LadynRed Posted October 25, 2004 Report Share Posted October 25, 2004 First, you need to file your Answer and make it a general denial. If you admit to the debt, forget the court date, they'll get a default judgment based on your admission.Second, you say that the debt was last paid in 2001, FIND OUT EXACTLY WHEN !! The Statute of Limitations in NC is a short THREE YEARS, the SOL MAY have already expired so its very, very important that you find out when you last paid Discover (not any collection agency). It this were me, I'd use the expired SOL as my affirmative defense in my Answer anyway, if you don't use it, you lose it, and it could turn out to be your savior if you are correct about the last payment date. Order your credit reports, NOW, online, from all 3 bureuas - no tri-merge reports. If you're right, the CORRECT date of last payment will be on at least 1 of your reports, hopefully on all of them. If the date of last payment was BEFORE 10/1/01, then the SOL has already expired. Then you need to find out exactly when they filed the lawsuit. If they filed it AFTER the SOL expiration date, you're in good shape.The cannot garnish wages in NC. However, with a judgment they can sieze bank accounts and go after any non-exempt assets. Unless you've got a yacht or a Rolls stashed away, then its unlikely they can take a thing from you. I would go for the SOL defense, but get your info together to be sure of your dates. Link to comment Share on other sites More sharing options...
sw197902 Posted October 25, 2004 Author Report Share Posted October 25, 2004 I have the Equifax Credit Report, It was $9.00. I can't get the other two right now. I do not see Credigy Receivables on it anywhere. Discover is there but it has been charged off. Date of last activity is 11/2001 but under that the 24 month payment history, May 2002 is the last pay date. So, I guess my SOL is not up or how accurate is that? I really do not think that I paid them in 2002. Do I need to get the other reports and see what they say? Now what? Is there a letter somewhere like the DV letter for denying the debt? Do I just say I deny that I owe this debt? Can I try for the SOL and see where it goes from there? Thanks so much for your help. Link to comment Share on other sites More sharing options...
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