Civil summons without prior contact?

by Louie
(Clayton)

I just have received a civil summons regarding a credit card debt that still is within the SOL.I have not ever spoke with the attorney on the telephone, nor has the attorney ever sent me a debt collection letter in the mail. The debt was charged off by the original creditor this year(April). I researched the attorney and found many complaints about their office on the internet. I belive the attorney has bought the the debt (which according the complaints they do buy debt), but is stating that he is representing the credit card company(plantiff, according to the summons, when he is not. Is the attorney processing this correctly? I mean is legal for a collections attorney to sue you for debt even if they have not sent you anthing in the mail or talked with you on the phone? Since the account was charged off by the original creditor, could they still get an attorney to sue me? I live in NC.

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Nov 24, 2010
 Civil summons without prior contact
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

I am not a lawyer and do not know the ins and outs of NC law. Usually however, before you are sued over a debt you will receive at least one written notice giving you the opportunity to resolve the debt. Given that you did not and that you have found complaints from other consumers about the law firm that contacted you, I think you should consult with a consumer law attorney in your area who helps people resolve their debt collection problems. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Let us know how this turns out for you. Good luck.

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