QUESTION

What do I do if I just received a third notice regarding a litigation that is asking me to pay money dated a year ago?

Asked on Jun 24th, 2013 on Bankruptcy - North Carolina
More details to this question:
It says that I could be summoned but haven't yet and third notice was dated a year ago from Florida attorney but I live in North Carolina.
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2 ANSWERS

First, if a notice is from a Florida attorney who is not admitted to practice law in NC, then you need not worry. An attorney who is not licensed in NC cannot sue you on behalf of someone else in NC. The Florida attorney might be able to sue you in Florida if jurisdiction exists. I really cannot comment on the substance of the notice. None of my debt settlement clients have had this situation arise. It would be in your best interest to have the notice reviewed by me or another attorney in order to advise you of your rights. Failing that, I can try to offer some pointers:(1) what is the notice about? Who is the creditor that the lawyer is representing? A junk debt buyer? A credit card company? A payday lender? (2) is this for a debt for which you are legally responsible? if so, when was the last time a payment was made on the account to the best of your knowledge? (3) what if anything have you done in response to the notice? have you sent any kind of a letter? If you have no clue about this debt, I would send a letter via certified mail to the attorney and dispute the debt, denying all liability for it and asking that the attorney send you proof - like a credit card application or credit card statement. If the debt is owned by a junk debt buyer, then also ask for a bill of sale or affidavit of assignment. Send the letter certified with a return receipt requested. Keep a copy., If this is your debt, it was incurred in NC and it has been more than 3 years since you paid, collection of the debt may be barred by the statute of limitations. In such case, send a dispute letter and advise that collection of the debt is barred by the statute of limitations and not to contact you any further. Ask also for proof of the date of last payment as well as proof of your liability for the debt if the lawyer alleges that collection is still proper. Do not admit that this is your debt or that you are liable. If you do not word it correctly it may be construed as an admission of the debt.
Answered on Jun 25th, 2013 at 11:37 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Take all of your documents to an attorney in your area. It is impossible to properly answer your question with the limited info we have.
Answered on Jun 25th, 2013 at 9:20 PM

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