I received a Civil Summons Lawsuit

[Anonymous]

Okay sounds good thanks everyone.  I'm calling them now.

[Burned2manybridgesB4]

Going offline for a while, so if it's real....

Start checking out "PRO SE" with google. That'll give you a heads up to what's coming.

[Anonymous]

Okay so I called that court.  They said that the docket # is legit & is on file.  I asked her what the court date was & she said that there is no court date.  She said that it's done by mail only.  She said that they NCSEAA via the State Attorny General's Office filed all the paperwork & if I do not respond according to the civil summons, then the judge will absolutely grant them a judgement against me for 100% of the balance.

She said that on the court summons & you can read it too that I am instructed to respond to the Plaintiff in writing to address the debt, etc.  She also said that I should mail or fax a copy of my letter and documents to the Court address / fax number as proof to the judge that I did respond.  Because if I don't do that, the Plaintiff could ignore my response and inform the judge that I did not respond & the judge will immediately grant them a lien/judgment.  

I asked her if this was covered under SOL of 6 years in NC, but she said it's not because it's a state student loan & will never go away & if I don't take care of it immediately their judgment will be accepted by the district court.

So I am writing up a letter & will fax it back to them & I will fax it to the court as well.

Here's a copy of my letter what do you guys think?

Also thanks so much for everyone's help!!

My Response Letter Page 1 of 2: http://imgur.com/BDsnkwX

My Response Letter Page 2 of 2: http://imgur.com/l0YoEFf

[Anonymous]

My 2 cents, just throwing it in.

The statute that gives them the right even if you're under 18 is 116-174.1 of the NC General Statutes.

Also, I agree with the SOL not applying because both the College Foundation of NC and the NC State Education Assistance Authority are non-profit's formed by the State to distribute loan funds from all sources, including Federal. Their charter gives them the ability to do this as far as what I can read

I also, also agree with the previous poster in that you have to have a written response or it will go to default. You will have to serve a copy on the court, the attorney and have proof it was done under the deadline. So, either hire a process server or CMRRR to get your proof.

If you need any other help, just post and I'm you'll get some help.

AdCred1

[Anonymous]

The paralegal for the assist attorney general called me back today in response to my faxed letter to them.  They said that they agreed with my Option 1 and will withdraw the civil summons lawsuit & will allow me to wait until October 4, 2014 for them to have payment.  She volunteered to fax this all to me in writing.  It's only been 1 hour but I haven't received it yet.  I think she still has to type it up and have it signed by the assist attorney general.

I'm still going to fax a copy of my letter though to the District Court fax line so that they have documented proof of my response & willingness to pay.

Because you can't necessarily trust the Plaintiff to do what they say when they're the ones suing you....  I'll follow up if & when I receive a copy a fax from them & give more updates

[Anonymous]

So I've faxed the attorny general's office several times stating that I have the funds & will pay in full immediately.  But I said in the fax that I need confirmation in writing back to via fax of where to mail the stupid cashier's check.  They called me and tried to give me the payment address over the phone, but I said please inform me in writing via fax.  And she said why are you being so difficult just write it down etc?  And I said well normally I would but hey FYI in case you forgot...YOU SUED ME!  *sigh*

So I've sent 2 faxes again stating the same thing.  And also I have been sending it to the courthouse fax line with my docket # etc. on the letter.

So I don't think that's much to ask for to send me the stupid payment address in writing since they're suing me after all.  And I've documented with the courthouse my letters to them via fax as well stating very clearly that I will pay in full but please fax me back.  SO I don't think the court would grant them the judgment b/c I've demonstrated my willingness and ability to pay in writing via fax.

[skigirl916]

SOL will stem from the date of the last payment, not the date the contract was entered into.  The date of last payment is when the breach occurred for a breach of contract.

[Anonymous]

So I finally received a fax today from the AG's office confirming where to pay.  So I got a cashier's check & I drove it to the place & got a receipt.  Then I faxed [a letter + copy of the cashier's check customer copy + copy of the receipt] to the AG's two different fax #s and also to the district civil court.  The AG's office called me the same day today & said that the state collection agency called them & confirmed that they have receipt of the funds but want to wait until Monday to take the cashier's check to the back to make sure that I didn't give them a fake cashier's check.

So it's not over yet.  I still need confirmation in writing from the AG's office and from the court that the civil summons is summarily dismissed with prejudice.