Swansboro, NC asked in Collections and Consumer Law for North Carolina

Q: A civil action was filed against me for credit card debt (NC). I owe, but can't pay. What is my first step to take?

This is in Carteret County. I was making minimum payments for over 10 years, but then my fiancee was out of work for a year. I changed jobs resulting in a pay cut of half my yearly income. I have been trying my hardest to dig myself out of debt, to no success as my financee had not found steady work. I have no idea what steps to take to even begin in trying to resolve this.

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1 Lawyer Answer
Paige Kurtz
Paige Kurtz
Answered
  • Collections Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: If the civil action was filed, you should have received a summons and complaint. You have 30 days to file an Answer with the court (a 30 day extension can be obtained). If you owe the debt, the creditor will likely obtain a judgment against you, its just a question of when. I would file an answer and then attempt to negotiate payments with the creditor in lieu of a judgment. This is always a better option than having the judgment. You can always consult with a lawyer for advice on the response or what action you should take. If you don't file a response, the creditor will obtain a default judgment against you.

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