Richlands, NC asked in Collections for North Carolina

Q: I received a summons and complaint a few days ago for a voluntary repossession. I know I have 30 days to respond.

I do not dispute the validity of the debt but have tried to make small payments and have been advised payments are not an option. I am a single parent living solely on social security disability and have no other source of income. I do not own anything . I live with family. Should I go ahead and file the answer even though i do not dispute i owe the deficiency?

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Collections Lawyer
  • Licensed in North Carolina

A: Filing an Answer will delay the entry of a judgment against you for a little while. If you do not file an Answer, a default judgment will be entered. You may have some legal defenses if you were not notified about the sale of the vehicle properly, or if the sale was not conducted in a reasonable manner. You should have an attorney review the Summons and Complaint and discuss the facts surrounding the voluntary surrender of the vehicle before you decide whether you should answer or not. If you file an Answer which does not raise these defenses, you waive them. If you need more time, you can ask the Clerk in writing for an additional 30 days to file your Answer. Call your Clerk of Court and speak to someone in the civil section. There is no statewide form to ask for an extension of time, but some Clerks may have a form at the counter you can fill out. You need to make the request in writing before your Answer is due in order to get the extension of time.

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