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Lucy, Esq.
Lucy, Esq., Attorney
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I got served in NC by the attorneys of BB&T for a loan that

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I got served in NC by the attorney's of BB&T for a loan that I defaulted on 4 years ago...I decided to go to court myself and fight this without getting an attorney since the default date on this loan has exceeded the 3 year statue of limitations. I just recently got a document from the NC Courts saying my case was selected for arbitration...and previous to that document, I received a letter from the Plaintiff "Plaintiffs First Set of Interrogatories and Request for Production of Documents." it said I must have these responses back to their office in (30) days...since this came from their attorney, am I obligated to respond back to them even before I get notice from the court that an Arbitration date has been set?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Yes, discovery requests must be answered within 30 days even if you haven't gotten notice of the arbitration date yet. This is because they are entitled to that information regardless of whether you go to arbitration - the same information would be used if you were going to trial or trying to negotiate a settlement.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Ok, good to know! Thank you, XXXXX XXXXX have a follow up question about this case...


 


My main defense in this case is that my last payment to this loan was 4yrs ago and in my research the statute of limitations in NC is 3yrs...I mentioned this to the Attorney for the Plaintiff when they contacted me about this loan and she said the Statute of Limitations had been increased to 10 years because of the Seal Law? What is that?

Expert:  Lucy, Esq. replied 1 year ago.

I've never heard of a "Seal law," and I looked, but didn't see anything. It would help if he could tell you what statute number or case he's referring to, because it could be another word that just sounds similar to Seal.

If this were a mortgage loan, that has a ten year statute of limitations under N.C. Gen. Stat., Section 1-47. Otherwise, Section 1-52 says three years for contracts. I'm reading the current statute.

Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 21094
Experience: Lawyer
Lucy, Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

The Original Loan was a balloon retail loan taken out on 10/31/2008 and I did a Retail Loan Modification Agreement on 06/23/2009. On the Modification Agreement that I am looking at the only place I see the word SEAL in parenthesis where I signed as a borrower. The other interesting thing on the modification agreement is that on the entire document the only signature is mine...there were no witness signatures and no grantor signatures...is that odd? These were the documents they presented as Exhibit A in their complaint against me.

Expert:  Lucy, Esq. replied 1 year ago.
I apologize, but because these questions are outside the scope of your original question about discovery, the terms and conditions of the site require that I ask you to open a new question for tracking purposes.
Customer: replied 1 year ago.

ok

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