I have been living in Georgia for the past 16 years. My credit card company is in N.C. They have filed a suit against me because I have not been making any payment since January, 2010. I can't afford to go to where the case was filed. A civil summons was served to me on 28th July. In the summons the date of issue is July 15. Which date is used in NC to count the 30 days? The date it was issued or the date it was served. I have about 10 more days to send the reply to the court. Can I tell the court that my personal jurisdiction is not in NC and hence to throw the case out.
2 Answers from Attorneys
Depending on the language of your credit card agreement (which you did not quote) the suit may belong in N. Carolina. You can easily make matters worse if you owe the money and file a frivolous defense.
If you are unable to pay your bills, a smarter option is see a lawyer immediately. You may have several options, including wiping the debt out in bankruptcy, working out something or a defense that does have merit. This is not a do-it-yourself project and time matters.
If you live in metro Atlanta, call me at 404.768.3509.
I am licensed in both Georgia and North Carolina. The thirty days begins when the complaint was served (received) by you.
If you wish to object, file a Rule 12 motion (the rules are online here at www.ncleg.net and are in Chapter 1A of the Table of Contents to the Statutes). I wonder why the credit card sued you here? There could be something in your credit card agreement. You need to look at it carefully. Anyway, you should hire a North Carolina attorney to draft a proper motion for you objecting to jurisdiction if jurisdiction is improper. You can always ask for a 30 day extension of time. You have to file the motion before the 30 days expires. These motions are routinely granted and you need not obtain approval from opposing counsel.
I don't know what county your action is in but, as a rule, I do not go to court or actively litigate. I do try to resolve debts outside of court if you are interested in pursuing that route.
Feel free to contact me if I can be of assistance.
Attorney at Law
Admitted in GA, PA & NC