What form do I use to answer a summons from a debt collector?
Full Question:
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
I assume you are denying that you owe all, or part, of the debt being demanded from you. If you agree that you owe the money, you should contact the creditor and establish a payment plan. If you cannot pay your debts (assuming your debts are large), you should consult a local bankruptcy attorney and consider declaring bankruptcy to eliminate your indebtedness - though this will affect your future ability to get a loan.
If you dispute the amount owed, you do need to file an "answer" and go to court to show your evidence to the judge - if you fail to do so, a "default judgment" will probably be rendered against you. There is not a specific form to use for the answer. Make your own. Just use the same heading on the "complaint" against you (the heading includes the name of the court, the name of the (alleged) debtor, the name of the (alleged) creditor, and possibly a case number), and instead of the "Complaint" title, title it "Answer." Below the title, write up your explanation of why you owe nothing or only a part of what is claimed, and attach copies of your checks, receipts, or other evidence showing that you do not owe what is claimed. Call the court and ask if you can mail in the Answer for filing - otherwise you will have to take it to the court clerk for filing. A copy of your answer must also be mailed to the alleged creditor (their attorney) at the address given on the complaint or summons. You'll eventually receive notice of a hearing date, which you must attend and prove your case to the judge, using your documentation. Be sure to bring all your documentation to court.
If a significant amount of money is at issue here, you should consult a lawyer in order to protect your interests most fully. If you cannot afford an attorney, check this website for free or extremely reduced cost legal aid in North Carolina.
http://www.legalaidnc.org/Client/default.aspx
