Did the sheriff serve you with a lawsuit from a debt collector? Each case is different, but there are three major affirmative defenses that consumers consistently use. In this post, we explain what those three defenses are and how they might apply to you.

When a debt collector files a lawsuit in court to collect a credit card or medical debt, the first document you will receive is the “Complaint.” The sheriff usually serves you with the Complaint at your home. You have the right to file what is called an “Answer.” The North Carolina Rules of Civil Procedure are…


Part 5 in Series on Debt Collection Lawsuits

The final step of a debt collection lawsuit is the trial before a judge and jury. This post explains some of the considerations and planning that goes into the defense of a debt-collection lawsuit, and some common trial strategies that our office employs to stand up for our clients. This is applicable to credit card debts, loans, and medical debts, as well as most other types of accounts.

We previously explained the first step, service of the summons and complaint, the second step, the answer or motion to dismiss, and the third step, discovery, and the fourth step, summary judgment.

Part 5 in Series on Debt Collection Lawsuits


“Summary judgment” is the fourth step that usually occurs in a debt-collection lawsuit filed in North Carolina courts. This post explains what summary judgment is and how consumers might prevent it in a lawsuit filed against them.

I previously explained the first step, service of the summons and complaint, the second step, the answer or motion to dismiss, and the third step, discovery.

What is summary judgment? Summary judgment is when either side of a debt-collection lawsuit asks the court to issue a decision against the other side, without having a trial. Debt collectors usually file a motion for summary…


Part 3 in Series on Debt Collection Lawsuits

There are a number of different steps that occur in any debt-collection lawsuit filed in North Carolina courts. I previously explained the first step, service of the summons and complaint, and the second step, the answer or motion to dismiss. This post explains the third step in a debt collection lawsuit filed by a collector or debt buyer: discovery.

DISCOVERY: Part 3 in Series on Debt Collection Lawsuits

“Discovery” in a lawsuit is the process under which you have the right to see all the evidence that the debt collector has, and which it would use to prove that you are allegedly liable for the account at issue. This…


Part 2 in Series on Debt Collection Lawsuits

In the previous post we explained the first step in a debt collection lawsuit, the service of the debt collector’s Summons and Complaint. This post explains the second step in a collection case, which is the consumer’s Answer (or, in some cases, Motion to Dismiss). Typically, a consumer will deny any liability at this stage of the lawsuit and demand that the collector prove its case.

Part 2 in Series on Debt Collection Lawsuits

Rule 8 and Rule 12 of the North Carolina Rules of Civil Procedure govern the requirements for your Answer to the debt collector’s Complaint. Rule 8 says that your Answer should respond paragraph by…


Have you been sued by a debt collector? Are you unsure what to do? This post is the first in a series about debt collection lawsuits. In this post will be explained the first stage of a collection lawsuit, the debt collector’s Complaint filed against you in court. The Complaint is served on you along with the Summons, which begins the deadline for you to respond — or else potentially be liable for the full debt. Read on to find out more.

Filing of Complaint

Every lawsuit begins with the filing by the plaintiff of a Complaint. The plaintiff, after…


Though there is a national state of emergency due to the coronavirus pandemic, the mortgage forbearance law enacted to help affected homeowners will expire as soon as the national state of emergency expires, or sooner if the pandemic extends into next year.

Mortgage payments, most homeowners’ largest monthly bill, will be in jeopardy of not being paid if a homeowner loses their job or is otherwise affected by the coronavirus. Because of this, Congress passed the CARES Act in March 2020.

Under the CARES Act, homeowners have the right to request a mortgage forbearance. The forbearance lasts up to 180…


If the big banks’ actions during the last crisis provide any clue to how they’ll act during the novel coronavirus (COVID-19) pandemic, there are bound to be a lot of mistakes. What defenses do homeowners have if their mortgage companies try to foreclose during or after the COVID-19 pandemic? This post provides 3 important ways to defend against foreclosure — and, potentially, to get a loan modification.

Millions have filed for unemployment because of layoffs due to the COVID-19 pandemic. Though there are programs requiring banks and mortgage servicers to refrain from foreclosing and offer loan modifications and forbearances, what…

Champion Your Rights

DYE CULIK PC | Consumer Protection Division is a consumer protection law firm located in Charlotte, NC and Boston, MA. http://championyourrights.com

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