I got a message on my answering service stating that a person would be by my house between 4:00 and 7:00 PM tomorrow. The person is to deliver paper work on a payday loan in the amount of $700.00 or I can pay it off for a lesser amount. I think this is the second time they have called the last time was about a month ago. I haven't called the attorney yet this time. The loan was taken out in 2009 and I thought that I paid it off. The last time I looked over my older files that I posted and there was another time I had asked similar to the same question and one Attorney said to forget it that it wasn't enough money for them to take it to court. What should I do?
Don't panic. These people are trying to intimidate you into paying the money which may be beyond the statute of limitations. If you get served with legal papers, you will need to file an answer to avoid a default judgment. Unlikely they would do this over a $700 debt and even more unlikely that they would warn you ahead of time of the exact time you would be served - that information is best kept a surprise. You can choose to pay the debt if you wish - that would certainly end this. Or you can ignore them but they are not likely to go away quickly.
Here are the statues of limitations on debt in North Carolina:
Written contract: 3 years
Promissory note: 5 years
Open end account: 3 years
The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.
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Chapter 13 Bankruptcy Attorney
Regarding the statutes of limitations, the time periods can start over if you sign something agreeing to repay the debt. Be careful that you do not give them a gift here, but see if they will take some small portion of the debt to go away. Sometimes it's cheaper to make a deal, than to be right and waste a year of your life trying to prove it.
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This has all the red flags of a scam. Please review the prior postings on this message board about this topic. There will be nobody come by. If someone claims to be an attorney, get their NC State Bar Number and go on the State Bar web site at www.ncbar.com to see if it is a real bar number. If it is, and the name matches, call the phone number for that lawyer that is shown on the State Bar record to see if that lawyer is really involved. There are impostor scammers who claim to be from a law office and use a real State Bar number but that lawyer has no idea their number is being used for a scam.
This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.
Chapter 7 Bankruptcy Attorney
This is most likely a scam, but DON'T dismiss it. I have seen judgments against people for debts they did not owe, but they ignored the paperwork. They can get you if you ignore it and get you if you hand over the money.
I doubt they will appear to serve you at that time . . . highly unlikely but possible.
If they do serve you, get proof you paid it (if possible) and run it by an attorney. You may be able to sue them. You also may want to record any of their calls.
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