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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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My husband had old credit card debt and recently received a

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My husband had old credit card debt and recently received a summons one week before the statute of limitations expired (3 years in NC). The summons was delivered to our home by a deputy and given to our 13 year old daughter. Does this meet "suitable age and discretion?

BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, so long as she has full mental capacity, then she would be old enough to know who you are.

BizAttorney :

13 is old enough in the eyes of the law to know the name of the parent and confirm that the adult lives there.

BizAttorney :

This means that you have 20 days from the day after the complaint and summons was served to file a responsive pleading (Answer, Motion to Dismiss, etc.)

BizAttorney :

Did you have other questions tonight?

BizAttorney :

Are you there?

Customer:

I am here.

BizAttorney :

Great, did you have any other questions tonight?

Customer:

I read something that states NC has "adopted" suitable and and discretion and that typically means being between the ages of 14 to 18.

BizAttorney :

That is still within the discretion of the court/judge. There is no hard fast age as it depends on the child.

Customer:

My husband travels a lot and has not responded within the 30 days as indicated on the document received. Can he still respond?

BizAttorney :

He only has 20 days. Have they filed a default against him yet?

BizAttorney :

Yes, he can still respond.

Customer:

He has not received anything else from them. This is a collection agency to whom the card company sold the debt.

BizAttorney :

Ok, yes, he can file an answer then. Just have him deny everything.

Customer:

What do you mean? He did make charges on the card then lost his job in 2008. We were struggling to pay the mortgage and keep the lights on so this debt fell to the back of our list. They closed the account which made it less of a priority. The total includes lots of late fees and other charges.

BizAttorney :

When you answer, you need to admit, deny or say you are without sufficient information to admit or deny. In an answer, it is just easier to deny every claim.

Customer:

Should we offer a settlement to put it behind us?

BizAttorney :

It would save you from paying the filing fee to file your answer, so I would say yes.

Customer:

Can we contact the company directly and avoid court?

BizAttorney :

You have to contact the attorney's firm who filed the complaint.

Customer:

Thank you for the guidance.

BizAttorney :

You are very welcome! Good luck to you and your husband. Have a good night and please give me feedback so I can continue to help others.

Customer:

Thanks.

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