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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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How do I answer a Civil Summons in NC

Resolved Question:

I have been served with a civil summons and do not know what to do next!
Submitted: 7 years ago.
Category: Legal
Expert:  rvlaw replied 7 years ago.

Hi and welcome

Does it call for 1. an appearance or 2. does it have an allegation or numbered paragaraphs with a series of allegations with a directive that you serve and file an answer within a certain time?

RL

Customer: replied 7 years ago.
Reply to Richard V. Licata's Post: 1 Serve your answer by delivering a copyor by mailing to him.
2 File the original of the written answer with clerk of superior Court for the relief demanded in the complaint.
30 days after receiving
Expert:  rvlaw replied 7 years ago.
If you want you can fax it to me and I'll help you answer it. Do you have a fax?
Customer: replied 7 years ago.
No I do not! Do you suggest I get a lawyer
Expert:  rvlaw replied 7 years ago.

If it is a small claims court action, I probably can walk you through it. If it is a higher court, you should get a lawyer. If you tell me what kind of case and the nearest large city in NC, I can get you a link to a list of lawyers who handle your kind of case.

XXXXX XXXXXcata

Customer: replied 7 years ago.
This is a civil action against me for a debt I owe! The intrest rate went so high, I could not get anywhere paying it. I looked for help and got deeper in trouble as well as debt! I have 30 days to answer the complaint or the plaintiff will apply to the court for the relief demanded in the complaint. At this time a Judgment will be place upon me! The largest city around here is Charlotte, NC. I have to send a copy to the Clerk of Superior Court in my County
Expert:  rvlaw replied 7 years ago.

I can get the lawyer link. But before I do...do you have any defenses to the action? How much is the suit for? Have you tried negotiating a settlement?

XXXXX XXXXXcata

Customer: replied 7 years ago.
The debt is for $11,231.66. What do you mean defense? How can I negotiate! I am just a hard working female trying to get by, and I feel like I am sinking to the bottom of the sea! All I know is that I pray for this to be over!
Expert:  rvlaw replied 7 years ago.

I'm a spiritual man, but prayer goes just so far! I may be able to help you to the surface. This is not going to just go away. By defense I mean, are any of the charges inaccurate? If the amount is really the $11,231.66, how much is interest? Lawyers or collection agencies are usually willing to accept less than the full amount and/or take it over time in monthly payments. What can you afford? Any family or other resources to help you over this?

XXXXX XXXXXcata

Customer: replied 7 years ago.
Well when I took on this help for debt, they told me to stop making payments and to send a dispute letter about the amount I owed! They told me that by law the banks or debt collectors cold not accuire intrest, late fees or over the limit fees! Guess what they did until I stopped receiving statements.
The amount on 02/11/2006 was $8989.97. I never made another payment! The sad thing is I have two more accounts that have also been disputed. I would have to figure my financial situation, but roughly guessing We could maybe afford $250.00, and that would be doing without quite a bit!
My husband is very supportive, and he is in this with me to the end! With God's love and guidence, I know he will see me through! I know it will not go away, and I know God is very disappointed at me for even taking on this deed!
Expert:  rvlaw replied 7 years ago.

You need to call the lawyer and negotiate a settlement. You can't afford a lawyer to defend the suit and it doesn't sound like you have a defense anyway. You have to be strong and yet sound sympathetic at the same time. You can do this!

XXXXX XXXXXcata

rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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