What to do if sued in NC

What to do if sued

10/1/2013

In North Carolina you generally only have 30 days to file a written Answer with the Court after you have been served. In Small Claims Court, no written Answer is required, but the actual hearing is often in a week or less. Failure to file a written Answer often results in the Judgment against you without there even being a hearing date. When served with a lawsuit filed in District or Superior Court there is no Court date listed on the paperwork. This confuses many people who assume they just need to wait for that date to appear in the mail. They fail to realize that Court date may never happen because failure to file a written Answer with the Court denying the debt results in a Default Judgment without a hearing. NEVER Ignore a lawsuit...

What to do after being sued

Identify if you have been sued in Small Claims, District or Superior Court and in what County.
If filed in Small Claims Court there should be a hearing date on the paperwork. Make sure you attend Court ready to defend yourself with all evidence and witnesses.
If sued in District or Superior Court make sure you file a written Answer or file a written extension of time to Answer within 30 days of service.
When preparing an Answer be sure your Answer is not simply a “hardship letter” explaining you lost your job and need time to pay. That kind of Answer is nothing more than an admission of the debt, that will likely result in a Default Judgment.
Make sure your Answer denies the debt and raises any defenses such as Statute of Limitations or else those defenses are waived.
Although a properly filed Answer denying the debt should avoid a default judgment, the usual next step of debt collectors is to send you a giant packet of discovery asking you to admit the debt.
Another favorite trick of debt collectors is a Motion for Summary Judgment, which also requires a written answer with the Court raising SPECIFIC reasons why you do not owe the money. Make sure you educate yourself on local Court rules or else you are likely to lose on some technicality.
Understand legal counsel is often a necessity to avoid losing on a technicality.

4 Comments

Rick link

6/14/2017 07:43:10 pm

Is it difficult to prove a defense of "a repossessed car was not being sold in a commercially reasonable manner."

Jason Witt

6/14/2017 08:18:40 pm

If you have been sued you may want to raise that defense in your Answer to any action for a deficiency balance owed on the loan. You could certainly send discovery (Interrogatories and Request for Production of Documents) to the Plaintiff asking for proof of how the vehicle was sold and advertised to the public for sale.

If you have not been sued getting answers to your question on how the vehicle was sold may be difficult unless you file an action yourself against the creditor. For most people the endeavor is too much to tackle without an attorney and unaffordable for those who recently had a repossession.

Amber

6/30/2020 11:11:22 am

Someone I know co-signed for a car in 1997 and the car was repo'd in 1998 in NC. Just recently (June 2020), this person was contacted concerning a civil suit for this vehicle. Does this hold any ground?

Jason Witt

6/30/2020 11:41:48 am

The statue of limitations has almost certainly run, but some collection agency might still be trying to see if they can get some money. Be aware that making any new payments can revive old debt and refresh the statute of limitations.

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What to do if sued

What to do after being sued

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