driver26girl

Need Help with Unifund in NC

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Received a letter today that the lawyers for Unifund have filed for an extension until 12/15 to reply to my answers to the summons. Is there anything I can do about this? What should my next step be?:confused:

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On 10/09 I received a summons for Judgment and I answered on 10/13 with such as the SoL is out, plantiff bought a known defaulted debt that had already been charged off, no money has ever been exchanged, etc. Today I get the letter that they have also sent to the clerk of court asking for an extension of time until 12/15. Does anyone have any suggestions?

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I have filed complaints with the state ag and the ftc. I forwarded info to David Evers. The 3 Big C's are investigating. What I am wondering is will they get the extension? Where do I go from here? What else can I do? Can I go ahead and file my second answers or do I wait for the court to notify me their extension has been granted?

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A request for additional time is allowed by statute

Rule 6. Time.

(B) Enlargement. – When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order. Upon motion made after the expiration of the specified period, the judge may permit the act to be done where the failure to act was the result of excusable neglect. Notwithstanding any other provisions of this rule, the parties may enter into binding stipulations without approval of the court enlarging the time, not to exceed in the aggregate 30 days, within which an act is required or allowed to be done under these rules, provided, however, that neither the court nor the parties may extend the time for taking any action under Rules 50(B), 52, 59(B), (d), (e), 60(B), except to the extent and under the conditions stated in them.

Rule 12. Defenses and objections; When and how presented; by pleading or motion; motion for judgment on pleading.

(a) (1) When Presented. – A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him. The plaintiff shall serve his reply to a counterclaim in the answer within 30 days after service of the answer or, if a reply is ordered by the court, within 30 days after service of the order, unless the order otherwise directs. Service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court:

a. The responsive pleading shall be served within 20 days after notice of the court's action in ruling on the motion or postponing its disposition until the trial on the merits;

b. If the court grants a motion for a more definite statement, the responsive pleading shall be served within 20 days after service of the more definite statement.

My District has some local rules that add to the foregoing, you might want to check yours as well;

Pursuant to Rule 12(a)(1) and Rule 6(B) of the N.C. Rules, no attorney, party appearing pro se, or Clerk of Superior Court shall consent to and extension of time to file answer or other responsive pleading beyond the thirty (30) additional days allowed by Rule 6(B) of the Rules of Civil Procedure. Application for extension of time beyond the first additional thirty (30) days shall be made to the Senior Resident Court Judge pursuant to the provisions of Rule 6(B).

I'm not sure what you mean by your "second set of answers". Are you referring to interrogatories perhaps?

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