Live in NC. Statute of limitations is 4 years on open-end accounts. On 3/24/2001 i was served a civil summons by attorney hired by company that purchased this debt from Citibank credit card. The credit limit was $800.00 maxed 1/17/96. I lost my job at this time & did not pay the card. I did make a payment 6/1/98 $100.00. (on credit report as collection account date opened 5/1995 last activity 6/1998 date reported 11/2000) I am now unemployed and have been for a year. I have no savings, own a mobile home my daughter lives in, a car worth approx. $1000.00, live with my fiance in his home, he pays all bills. I would like to pay this off - BUT CAN'T!! What options do I have?? Do I contact the attorney (phone or write?) and ask for a reduction?? Do I fall within the statute of limitations?? Am I considered judgement proof??Is there a form needed to respond to the courts?? - I have 30 days to respond(actually 28)!! Please OH Please help!!!!!!!!
Thanks for your response. I failed to mention the civil summons is for 1314.80 with interest thereon at 19.8% per annum from and after Feb.15, 1999 until judgement and for the costs of this action to be taxed by the Clerk; specifically including the sum of 278.53 attorney fees. Now - do I contact the attorney in writing telling him I'm broke & statute of limitations is in question? I do not have an actual court date yet - just have to respond to summons - give them my intentions - is there a form??
it reads: "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. Ok, I'm reading this as I must reply within 30 days (27 now) but, my question is what do I say.... Do I state I am unemployed, no money and can't pay the debt... do I ask for a reduction (or do I call the attorney & ask for a reduction in the amount)....just how much do I tell them...
Like I said before - I have NO MONEY!! & you are right I probably would say too much - I try to be as honest as possible if asked a question. I really would have liked to make my payments on time... but the story is a long one ..lots of problems along the way!! I really thought the debt was forgotten - I have received a few letters in the past - in file 13 - but nothing recently until "mom" tells me the sheriff is looking for me - OH NO!! This is a small amount for such a large company & I thought it had been written off!! Now I just want it to go away. Should I send a letter to the attorney?? What should I include in the text?? THANKS SO MUCH FOR YOUR HELP!!!!
when you say "kill" the suit - by what means.... and do you really think I need legal assistance??? can't I communicate with the attorney & courts myself - by just stating my case in a certified letter to them - that I do acknowledge the debt but am broke - do I send a letter to both attorney & court?? again, thanks!!
SOL I always thought and have been told that if you make ANY kind of payment then the SOL starts from there. If you made a payment in 6/98 the SOL would start from that date and if it is 4 years for your state than that would make it up in 6/02, I hope I am wrong but I believe that is how it works??
it's a civil case I agree with lizard king. Get a free lawyer and ask him to try and get the case dismissed because of the SOL.
Thanks for all the help!! I have spent approximately 30 hours researching this issue & you have been so much help!! I figured eventually I would have to get a lawyer. But just being able to converse about it brings it into a much better light!! This is a great site!!!!!!
If you do not file a response and fail to appear in court they will likely win a default against you.
Amy, getting pro bono help is a good idea. Just keep in mind the following guidelines: 1. Being unable to pay is not a legal defense in a civil lawsuit, so don't even try to argue it. 2. Never do anything to acknowledge the debt, or say anything to suggest that you remember what it's about. The burden of proof is on the plaintiff, don't make it any easier for them. As long as you're not "on the stand", you do NOT have to tell "the whole truth". 3. Read their papers. If they claim it all happened on 1/17/96, you have to argue that the time period designated by the SOL expired. You have to argue it the very first chance you get. Also be sure to include the SOL claim in your written response. Saar
If the SOL is expired and you do decide to use this as a defense, be sure you have gone to your local Law Library and made copies of the actual statute. Do not expect the Judge to arbitrarily know the contents of the statute, it is your place to provide the information for the court to review. Most counties provide a free law library for use of citizens, and the librarian is usually very helpful in assisting you in locating the information you need.
