NC Civil Summons

cassy83 · 05-16-2008, 02:14 PM

I just got served a civil summons. I live in NC. There is no court date right now. I only owe the CA 1559.09. I talked to a family member that told me all they want right now is a written answer stating why I have not paid. I have very legitimate reasons, I've been in college full time up until this month, I have no money, I have no job at this point. But, I just wanted to know if there is something else i will need to do other than just write the answer. And if there is anything I should say specifically to help my case. Also, are they going to give me any more deals for paying off my debt. I am planning on having a good job this summer, and trying to get myself out of debt, but I don't want to have to pay the crazy amounts they say I owe because of all the interest they added.
Any info on this would be helpful.

jlynn · 05-16-2008, 02:34 PM

Don't listen to your family member. He has you admitting that debt is yours, and you will lose on summary judgment.

cassy83 · 05-16-2008, 02:51 PM

Thank-you for your fast reply.

Do you have any advise on what I should do at this point. The summons asks for a written answer. If I write them what should I say? Or should I just ignore this summons, I read that doing that is a big no no. BUt I don't really know what to do. I don't owe them much, but still anything I own doesn't equal what they want.

jlynn · 05-16-2008, 05:09 PM

bumping - I can't talk procedures, but what level of court is it in? Small Claims, District?

cassy83 · 05-16-2008, 06:16 PM

The Civil Summons says District court. But as of right now, there is no court date, or address of any court, there is just a District court box checked. The only information for me to send anything to is the Attorney/Platintiff information.

I just don't know what to do at this point. I planned on taking one of the settlement deals this summer after I worked and got some money, but now I don't know what will happen with anything. I have 30 days to write some "written answer to the complaint".

Enigma · 05-16-2008, 10:42 PM

A summons will contain the courts name, address where you are to appear, date and time.

I would start calling my local court to find out if the summons is fraudulent.

cassy83 · 05-17-2008, 02:42 AM

I thought it was odd to not have a court address. But, no one has ever seen a civil summons without one?

"It says a civil action has been commenced against you!

you are notified to appear adnd answer the complaint of the plaintiff as follows:

1. Serve a copy of your written answer to the complaint upin the plaintiff or plaintiff's attorney within 30 days after you have been served. You may serve your answr 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 complain, the plaintiff will apply to the Court for the relief demanded in the complaint. "

Has anyone ever gotten this kind of summons before?

NeedDebtHelp · 05-17-2008, 03:41 AM

Quote:

Originally Posted by cassy83

I thought it was odd to not have a court address. But, no one has ever seen a civil summons without one?

"It says a civil action has been commenced against you!

you are notified to appear adnd answer the complaint of the plaintiff as follows:

1. Serve a copy of your written answer to the complaint upin the plaintiff or plaintiff's attorney within 30 days after you have been served. You may serve your answr 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 complain, the plaintiff will apply to the Court for the relief demanded in the complaint. "

Has anyone ever gotten this kind of summons before?

At the very top of the summons it doesn't have something along the lines of:

IN THE (TYPE OF COURT) COURT OF (COUNTY NAME) COUNTY, (STATE)?

They don't have to put an addres of the court on the summons. There is only one place the court can be. They don't have numerous locations and contact information can be found in your phone book or the internet.

Enigma · 05-17-2008, 09:35 AM

Quote:

Originally Posted by NeedDebtHelp

At the very top of the summons it doesn't have something along the lines of:

IN THE (TYPE OF COURT) COURT OF (COUNTY NAME) COUNTY, (STATE)?

They don't have to put an addres of the court on the summons. There is only one place the court can be. They don't have numerous locations and contact information can be found in your phone book or the internet.

My county has six court house location and one federal.

The cover sheet should have the name of the court house, location and which court room you are to appear in.

Call the court!

cracrap · 05-18-2008, 10:56 AM

some of these counties out here are pretty podunk..the clerks only care about the news at their local nail salon and not the paperwork being filled out correctly...at the upper left corner , the county should have been filled in..call the county clerk where u reside as that,most likely, would be proper venue for you....
....i know what u received because i spent friday filling out 3 of those for my "collection friends".....

cassy83 · 05-18-2008, 01:26 PM

I'm gonna call first thing on mon morning. But if the thing is legal and true, I am still stuck in the same position as before, not having a clue what to do with the thing...

Hedwig · 05-18-2008, 05:38 PM

Let us know what you find out from the court. If there has been a case filed, go and get copies of everything and let us know what it is.

maksl53 · 06-06-2008, 11:05 AM

I have the same type of document. It was given to the new tenant at my previous address yesterday. I too would like to know how/what to respond. My document has Wake as the county and District as the court. There is a document attached titled 'ARBITRATION AGREEMENT' and also a letter from the attorney representing the collection agency for the alleged debt. I am assuming I would write a letter to the court, send it registered, and since I do not believe this is my debt, state that and request the debt be validated. Is this correct process? Thanks.