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Lawsuit Extension

1/20/2020

2 Comments

 
Lawsuit Extension of Time in NC
Have you just been served by the sheriff or certified mail with a lawsuit in North Carolina and are freaking out about only having 30 days to file a written answer at the courthouse? Keep calm and realize you have the right to request a 30 day extension allowing you up to 60 days to file a written Answer to the Complaint with the Court.​

The process is rather straightforward and no attorney in required to request an extension pro-se or without hiring an attorney. Many counties in NC have local forms, but a generic example in Microsoft Word format is provided below for your review that can be edited to match the caption and case number for your particular case along with a certificate of service.

​How much does it cost to file an extension of time?

​There is no filing fee to file a Motion and Order to extend time to Answer a lawsuit in North Carolina. This makes it a good practice to go ahead and file an extension of time in every lawsuit, but especially for credit card lawsuits as negotiating a settlement usually takes longer than 30 days and you certainly do not want to miss a deadline to file an Answer and lose by default!

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Credit Card Debt in NC

4/2/2018

176 Comments

 
Updated 10/3/2022
credit card debt in NC
​With credit beginning to flow again after the end of the great recession credit card balances continue to rise for American households. The great trap of credit cards is the low introductory offer combined with easy balance transfers allowing people to acquire more debt than they could ever hope to repay often leading to bankruptcy. In the past the fine print outlining all the potential risks was at least mailed with the application. Today the application and approval process is simply a few clicks on a computer or smartphone constituting an electronic signature. 
Before the Consumer Financial Protection Bureau and consumer protections were strengthened it seems consumers didn't have much of an opportunity to even fight private arbitration "courts" that were bought and paid for by the banks. Although registration of arbitration awards as judgments seems to have ended in North Carolina there are many questions surrounding credit card debt explored herein including debt defense and debt settlement.

Can I be sued for credit card debt in NC?

Yes- Credit cards are legally allowed to sue when the borrower is in default. For some reason many individuals assume all creditors can do is put a negative mark on a borrower’s credit report. The bottom line is this- If banks could not sue for credit card debt they would stop issuing cards. Some of the main law firms that represent banks and debt buyers for credit cards lawsuits in North Carolina are listed below. The law firms below generally represent the plaintiffs listed and do not actually own the debt.
  • Brock and Scott, PLLC- Wells Fargo, Bank of America, N.A., TD Bank, USA, N.A.
  • Sessoms and Rogers, P.A.- FIA Card Services, Portfolio Recovery Associates, Unifund CCR Partners, Barclays Bank Delaware, Midland Funding, LLC
  • Bernhardt and Strawser- Bank of America, Citibank
  • Glasser and Glasser, PLC- Bank of America, N.A.
  • Smith Debman- Discover Bank, Truist (FKA BB&T), Midland Funding
  • RAS LaVrar, LLC- Capital One
  • Dominion Law Associates- Target National Bank
  • The Green Law Firm, P.C.- One Main Financial, LLC
  • Zwicker & Associates, P.C.- American Express National Bank
  • Rausch Sturm, LLP- American Express National Bank

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Judgments on Credit Reports

6/3/2017

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Judgments on Credit Reports
​Starting July 1, 2017 the big three credit reporting agencies will stop reporting civil judgments or tax liens in many cases. Equifax, Experian, and TransUnion will begin removing tax lien and civil judgment data from reports if the information does not provide details on consumers such as a person’s name, address, Social Security number, or date of birth. This policy change is part of the National Consumer Assistance Plan created as a result of settlement with numerous State Attorney Generals in an effort to improve credit reporting accuracy. Oversight from newly created Consumer Financial Protection Bureau likely also played a role as well.
Many States like North Carolina do not typically include Social Security numbers or birth date information as part of the public record for civil judgments. As judgments in NC are good for ten (10) years and can be renewed for an additional 10 year period this is significant news. Removal of judgment reporting means some consumers may experience a boost to their credit score in the coming month as negative items are removed from their credit report. As fixing credit report errors is often a nightmare for consumers this is a welcome change to the bureaucracy of the credit reporting industry. The Wall Street Journal is estimating this change will improve the credit score of some 12 million individuals in the United States. The expected increase is a modest 20- 40 points.
​

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How long do items stay on my credit report?

4/16/2016

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Credit Report
The Fair Credit Reporting Act (“FCRA”) passed in 1970 regulates credit reporting agencies (“CRA”). Under the act CRA’s have certain obligations to ensure the accuracy of consumer credit information. In determining how long items may stay on a credit report you want to look at 15 U.S.C. 1681c (text below) of the FCRA for the basic reporting rules. If you discover inaccurate information you may contact the Federal Trade Commission for information on your rights and remedies in fixing credit report errors.

How long do late payments stay on a credit report?

If an unpaid account has not been charged off, it can remain on the report for seven years from date of delinquency. ​

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Debt buyers and lawsuit mills

1/9/2016

4 Comments

 
Loan shark
​Old debts are big business. In fact, some actual judgments currently on the books do not even arise out of legitimate debts at all. Just recently Fredrick J. Hannah & Associates a law firm in Georgia agreed to pay $3.1 million after being sued by the Consumer Protection Financial Bureau (“CPFB”). They were essentially accused of running a collection mill. The lawsuit further alleged the law firm was run like a factory filing cases by the thousands with little review. The CPFB claims one attorney approved 130,000 lawsuits in two years. These lawsuits allegedly involved some of the largest banks including JP Morgan Chase, Bank of America, Discover, and Capital One filed in multiple States including North Carolina.

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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
      • Bankruptcy Disclaimer
    • Debt Settlement
    • Foreclosure Defense
  • Blog