Statute of limitations (NC)

[rebel1218]

What is the name of your state (only U.S. law)? North Carolina

I am still contesting some bills created by my ex. Yesterday I received a civil summons requiring me to respond within 30 days to the debt collector which I was unaware of.

Last activity on the account was 20 Nov 2012.
I have had no contact with the creditor or the collector since that date.
By NC law I understand that the SOL is 3 years and would come into effect 20 Nov this year.

according to the summons I do not have to respond before 20 Nov. which would put the debt past the SOL.

Question: Does this civil summons effect the SOL in any way?. It is not a lawsuit. Only a summons to respond to the plaintiff and file my response with the court.

 

[Zigner]

What is the name of your state (only U.S. law)? North Carolina

I am still contesting some bills created by my ex. Yesterday I received a civil summons requiring me to respond within 30 days to the debt collector which I was unaware of.

Last activity on the account was 20 Nov 2012.
I have had no contact with the creditor or the collector since that date.
By NC law I understand that the SOL is 3 years and would come into effect 20 Nov this year.

according to the summons I do not have to respond before 20 Nov. which would put the debt past the SOL.

Question: Does this civil summons effect the SOL in any way?. It is not a lawsuit. Only a summons to respond to the plaintiff and file my response with the court.

The "summons" is notice that you are being sued. The SoL stopped once they filed suit, so it seems that they are within the time period allowed. Did you report your ex to the police when she opened the accounts?

 

[single317dad]

What is the name of your state (only U.S. law)? North Carolina

I am still contesting some bills created by my ex. Yesterday I received a civil summons requiring me to respond within 30 days to the debt collector which I was unaware of.

Last activity on the account was 20 Nov 2012.
I have had no contact with the creditor or the collector since that date.
By NC law I understand that the SOL is 3 years and would come into effect 20 Nov this year.

according to the summons I do not have to respond before 20 Nov. which would put the debt past the SOL.

Question: Does this civil summons effect the SOL in any way?. It is not a lawsuit. Only a summons to respond to the plaintiff and file my response with the court.

The creditor is well within the statute of limitations in fining this action. You can bet that they're fully aware of that fact. The SoL actually doesn't start until the debt goes into default, which would be around the time you missed your first payment.

If the case is dismissed for some reason and they don't refile until after the SoL expires, then you have that defense available.