I was served a NC Civil Summons on March 25 at 12noon by the local police. The debt is valid but I could not pay it because they raised the payments from about 70 a month to 200. I called and could not get any help on reducing the payments so I quit paying. What do I need to do? Can I write a reply back to the plaintiff and Court to set up payments?
Optional Information: State/Country relating to Question: North Carolina Already Tried: Have not done anything yet.
You first need to file a responsive pleading to the summons. Do you have the summons with you?
Yes, I have it in front of me.
Can you place in here?
I can scan it and save to word. Is that what you mean?
Whatever would place the wording here.
Is this what you need?
A Civil Action Has Been Commenced Against You!
You are notified to appear and answer the complaint of the plaintiff as follows:
1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff's attorney within thirty (30) days after you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiff's last known address, and
2. File the original of the written answer with the Clerk of Superior Court of the county named above. If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.
I need the wording of the numerically numbered paragraphs of the complaint - 1 through 8 or whatever.
I sent this earlier but don't believe you received it. Here is is again:
1. That the plaintiff have and recover from the defendant the sum of $1,697.18.
2. That the plaintiff further have and recover from said defendant interest on said sum at the legal rate of 8% per annum from and and after July 4, 2009 to the date of judgment, and at the rate of 8% per annum thereafter until paid.
3. That the plaintiff further recover from said defendant all costs of this action.
4. For such other and further relief as the Court may deem just and proper.
This the 20th day of August, 2009.
...This summoms was dated August 28, 2009 but we had moved and never received it until the local police brought it by on March 25 of this year...
Did they attach a copy of the contract or monthly statements showing your payments on the account?
No but they did state the debt had been sold and assigned to LVNC Funding, which are the ones demanding payment. But they attached nothing showing the contract or monthly statements.
I only sent you the demands they are making as far as what kind of payment they want - do you need all the complaint, which has 7 additional lines to it? If so, let me know and I will type them here.
Yes, that would be great to see.
OK Here it is:
The plaintiff, complaining of the defendant, alleges and says as follows:
1. The plaintiff is a limited liability company organized under the laws of the state of Delaware, with a principal office and place of business in Law Vegas, Nevada.
2. The defendant is a resident of Wake County, North Carolina.
3. The defendant had an account with GE Capital bering an account number ending in the last four digits of XXXXXXXXXXXX2034.
4. The defendant was in default with respect to that debt, in that said defendant failed to make the payments as required.
5. The debt was subsequently sold and assigned to LVNV Funding, LLC, the plaintiff herein, and LVNV Funding, LLC is now the owner of the account.
6. The defendant is now lawfully indebted to the plaintiff in the sum of $1,697.18 with interest thereon from and after July 4, 2009.
7. In spite of demand made by the plaintiff, the defendant has failed and continues to fail to pay this just debt.
WHEREFORE, the plaintiff prays the Court as follows:
And, add the other 4 lines that you already have here.
you should respond substantially as follows:
1. Neither admitted or denied. Defendant is unaware of what and where the fictious entity of the plaintiff was formed or otherwise.
2. Admitted. (or deny if your not a resident of NC).
3. Denied. To the contrary, Defendant never had an account with GE Capital and strict proof to the contrary is demanded at time of trial. (they have to prove you had a contract by clear and convincing evidence - they must present the contract at the time of trial or they lose)
4. Denied. As stated, earlier, Defendant never had a contract with Plaintiff and therefore is nor ever has been in default and strict proof to the contrary is demanded at time of trial.
5. Denied. To the contrary, Plaintiff has not supplied a copy of the contract nor have they provided any documentation of an assignment and therefore such is denied and strict proof thereof is demanded at time of trial.
6. Denied. To the contrary, Defendant has not contracted with the plaintiff nor it's assignor and strict proof to the contrary and the contract's terms is demanded at time of trial.
7. Denied. To the contrary, Defendant is not indebted to the plaintiff nor it's assignor and strict proof to the contrary is demanded at time of trial.
WHEREFORE, the defendant prays the Court to dimiss plaintiff's claims
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
I assume I can mail this reply to the Court and plantiff's lawyer - is that right? And, if this is not accepted, what would be the next step?
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