Have you received a complaint and summons by a credit card company or a debt buyer?  If so, you need to act and do so quickly.  Too many people do not respond and as a result have judgments entered against them-perhaps not knowing the effect this has on their credit and their future abilities to buy a home or car.  They possibly even jeopardize their own homes!  Worse, once people have poor credit they often must obtain financing through less-than-repudiable businesses that violate their rights as consumers again.  Even people who are "judgment proof" should take steps to avoid these consequences.

Eventually, bankruptcy seems like the only option.  Alan M. Roughton seeks to stop this cycle for his clients.

If you have been sued for "collection on an account," know that you may have defenses and possibly even counterclaims.  If you do not assert them, you will waive them, so the time to act is now.  The following are a list of defenses and claims that often arise in collection lawsuits:

1. Statute of Limitations: This is usually three years in North Carolina, but there are exceptions. 

3. The debt was discharged in bankruptcy.

4. The debt has already been paid.

5. The company suing you cannot prove that it owns the debt in question.

6. The amounts sued for are incorrect.

You may also have claims that stem from the Fair Debt Collection Practices Act or the North Carolina Debt Collection Act.  For example, if the creditor threatened you and then sued you after the statute of limitations expired, you may have a claim under North Carolina law. 

A debt collector can be held liable for statutory damages of up to $1000, actual damages, attorneys' fees and costs under the Fair Debt Collection Practices Act.  Under the North Carolina Debt Colleciton Act, which covers original creditors as well, statutory damages can be as high as $4000.

If the creditor already has a judgment against you, be on the lookout for a Notice of Right to Have Exemptions Designated.  Once served with this document you will have twenty days (NOTE: this counts weekends as well; this is NOT twenty business days) to file your Motion to Claim Exempt Property.  If you fail to file your motion on time, your property will be at greater risk of being taken to satisfy the judgment.  If you need assistance with this form, contact Alan M. Roughton for assistance; he will complete your motion for you for a small fee.  He will analyze your situation to determine whether there are other ways to address your judgment.

If you have received a collection lawsuit, contact Alan M. Rougton at (252) 940-1300 to schedule a free consultation.

                                                              The Law Office of Alan M. Roughton, PLLC
                                                                                     P.O. Box 454
                                                                      155 N. Market Street, Suite 219
                                                                            Washington, NC 27889
                                                                                  (252) 940-1300
                                                                              Fax: (252) 946-5800
                                                                              alanr@amr-law.com

Alan M. Roughton defends clients facing collection lawsuits in eastern North Carolina, including Greenville, Washington, New Bern, Havelock, Kinston, Snow Hill, Goldsboro, Grantsboro, Aurora, Chocowinity, Bath, Grimesland, Farmville, Wilson, Nashville, Rocky Mount, Tarboro, Williamston, Plymouth, Columbia, Swan Quarter, Manteo, Currituck, Camden, Elizabeth City, Hertford, Edenton, Windsor, and Ahoskie.