trying to get by Posted January 14, 2009 Report Share Posted January 14, 2009 These lawyers have filed suit in Durham county NC, my sister lives in Davidson County and they keep sending her letters for her to sign so they can move it to Davidson County Court. This is on Portfolio for a credit card that she hasn't paid on since 2004. I have sent letters for them asking for debt validation and they have never sent anything. I sent a response to the Clerk of Court in Durham giving several reason why they were wrong and how they refuse to even validate this debt. We have not heard back from the Clerk of Court in Durham, but we just received a letter that these lawyers sent to the Clerk of Court in Durham asking that our response be dismissed, Motion to Strike,and reply to defendant's counterclaim. (We didn't file a counter claim just a response to their original claim.) And once again we have gotten a 4th letter from the lawyers asking her to sign to move the case to Davidson County Court. I told my sister not to sign anything. I know that there is a statue of limitations. Does anyone have any advice? My sister is 62 and has no income other than a small social security check. Link to comment Share on other sites More sharing options...
admin Posted January 14, 2009 Report Share Posted January 14, 2009 I'm moving this to the legal forum. Link to comment Share on other sites More sharing options...
nascar Posted January 14, 2009 Report Share Posted January 14, 2009 The SOL in North Carolina is 3 years. It is also a violatin of North Carolina Statutes to seek payment of debt that is beyond SOL. The filing of the lawsuit is an FDCPA violation.You can start by filing a complaint with the NCDOI, and the state bar (against the attorney who filing the suit in violation of the statute). A letter to the lawfirm advising them that you have done so and that you will not hesitate in filing a counterclaim if they ever figure out how to sue in the correct county might be in order as well. On top of that, Social Security money is exempt from creditor claims under Federal Law. Link to comment Share on other sites More sharing options...
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