Help! receive summons for credit debt in NC

wpack · 02-11-2008, 03:24 PM

Hi, Just got served a summons. a local (NC) lawyer want about $3000 from me.

here is my situation:

me and my dad co-sign the credit card (bank of America) back early 1990. my dad use the card and stop pay 2/19/2005. I have no idea about the debt until I now. I think the actual debt is around $1500, the rest is the interest and fee. Bank of America sold the account to this law firm.

we had same problem last year with same law firm for different account, and I paid them half of the amount. now they come after me again. and I don want pay the $$ anymore since I didn't use the card.

Please help.

jlynn · 02-11-2008, 03:40 PM

If you co-signed, unfortunately whether you ever used the card or not is inconsequential. With that being said, there are ways to attempt to fight it.

hannah · 02-11-2008, 03:42 PM

Quote:

Originally Posted by wpack

Hi, Just got served a summons. a local (NC) lawyer want about $3000 from me.

here is my situation:

me and my dad co-sign the credit card (bank of America) back early 1990. my dad use the card and stop pay 2/19/2005. I have no idea about the debt until I now. I think the actual debt is around $1500, the rest is the interest and fee. Bank of America sold the account to this law firm.

we had same problem last year with same law firm for different account, and I paid them half of the amount. now they come after me again. and I don want pay the $$ anymore since I didn't use the card.

Please help.

SOL in NC is 3 years. Find out exactly when the last payment on this card was due and not paid BEFORE it was charged off. This will probably be on your credit report.

kccustom · 02-11-2008, 07:57 PM

Hello fellow NC'er. Make sure you answer the summons within 30 days of being served. You need to answer their claims point by point.

If you don't file an original copy of your answer with the Clerk of Courts in your county they are going to get a default judgment and that is bad.

If you are close to being at 30 days and don't have time to do much research at least file some type of reply with the clerk.

wpack · 02-12-2008, 10:41 AM

hannah,

Thanks for the reply. I checked my credit report it said this

last active: 12/04
90+: 3
05/05
04/05
03/05

I guess my dad stopped pay 03/05, so it's not 3 years yet, right?

Thanks

hannah · 02-12-2008, 12:00 PM

Quote:

Originally Posted by wpack

hannah,

Thanks for the reply. I checked my credit report it said this

last active: 12/04
90+: 3
05/05
04/05
03/05

I guess my dad stopped pay 03/05, so it's not 3 years yet, right?

Thanks

I can't tell from what you posted. Can you post the whole tradeline with identifiers redacted?

wpack · 02-12-2008, 05:49 PM

Quote:

Originally Posted by hannah

I can't tell from what you posted. Can you post the whole tradeline with identifiers redacted?

Just called Bank of America, the last payment is 2/19/05. So I guess is not 3 years yet. right?

hannah · 02-12-2008, 06:32 PM

Quote:

Originally Posted by wpack

Just called Bank of America, the last payment is 2/19/05. So I guess is not 3 years yet. right?

Did that payment bring the account current?

wpack · 02-13-2008, 12:14 PM

Quote:

Originally Posted by hannah

Did that payment bring the account current?

no, it's the minimum payment ($30)

hannah · 02-13-2008, 01:35 PM

Quote:

Originally Posted by wpack

no, it's the minimum payment ($30)

Minimum payment can keep an account current. Let me put it another way. Was the account in arrears at the time of the last payment?

wpack · 02-13-2008, 05:53 PM

Quote:

Originally Posted by hannah

Minimum payment can keep an account current. Let me put it another way. Was the account in arrears at the time of the last payment?

ok, here is the update, BOA can't give me more info since the account is sold, so I called the law firm. They said they can order a copy of the statement, but will take 90-120 days, so they will put it on hold now until they get the statement. Once I receive the copy of the statement, then we can start talk about it. Is this good or bad?? If my dad did pay the minimum, which I think he did, what should I do??

Thanks

jlynn · 02-13-2008, 05:58 PM

Do not believe their word that they "will put everything on hold". The time to produce that statement is in discovery.

You need to Answer the summons, or they are going to get an easy default judgment against you, and you will definitely be on the hook.

hannah · 02-13-2008, 05:59 PM

Quote:

Originally Posted by wpack

ok, here is the update, BOA can't give me more info since the account is sold, so I called the law firm. They said they can order a copy of the statement, but will take 90-120 days, so they will put it on hold now until they get the statement. Once I receive the copy of the statement, then we can start talk about it. Is this good or bad?? If my dad did pay the minimum, which I think he did, what should I do??

Thanks

They said they are going to put the suit on hold? They can by inaction, but you still have to answer the suit.

Edited to add: I see Jlynn and I were posting at the same time.

Additionally, you need to answer the suit as if it IS time-barred. I've got a feeling that your Dad was probably behind on this account before he quit paying even the minimum. Who is the plaintiff on this complaint? You can PM me that if you don't want it out in the open.

Also go down and ask the clerk for a third party subpoena duces tecum form so you can get this info from BoA yourself. If this account is in their computers and I believe it is, they have the records. Where do you think the lawyer is going to get them from?

jlynn · 02-13-2008, 06:06 PM

Quote:

Originally Posted by hannah

I've got a feeling that your Dad was probably behind on this account before he quit paying even the minimum.

The info on his credit report seems to suggest that the Feb payment didn't bring him current, as it lists him as 90+ in March, and last active in 12/04, which would make sense.

December 30, Jan 60, Feb - 1 payment would hold him at 60, Mar 90+

If the OP would pull a credit report directly from the CRA, we could probably get clarification...

jlynn · 02-13-2008, 06:10 PM

Quote:

Originally Posted by wpack

ok, here is the update, BOA can't give me more info since the account is sold, so I called the law firm. They said they can order a copy of the statement, but will take 90-120 days, so they will put it on hold now until they get the statement. Once I receive the copy of the statement, then we can start talk about it. Is this good or bad?? If my dad did pay the minimum, which I think he did, what should I do??

Thanks

Reread what you just typed. B of A doesn't have the info, yet the lawyer is going to order the info from B of A...

They are shining you trying to get a default. I would fight this one agressively.

hannah · 02-13-2008, 06:57 PM

Quote:

Originally Posted by jlynn

Reread what you just typed. B of A doesn't have the info, yet the lawyer is going to order the info from B of A...

They are shining you trying to get a default. I would fight this one agressively.

The lawyer will have to pay for the information. If OP subpoenas the info, it will only cost him the service. I think. I guess I will need to research this to be sure.

wpack · 02-14-2008, 02:39 PM

Quote:

Originally Posted by jlynn

The info on his credit report seems to suggest that the Feb payment didn't bring him current, as it lists him as 90+ in March, and last active in 12/04, which would make sense.

December 30, Jan 60, Feb - 1 payment would hold him at 60, Mar 90+

If the OP would pull a credit report directly from the CRA, we could probably get clarification...

Sorry, I have to ask what is OP and what is CRA??