Legal Question in Credit and Debt Law in North Carolina

I received by certified mail a summons by a debt collector to appear in court.It is a medical bill that they said my husband and I signed and agreed to pay, which we did not and we informed the hospital that he lost his job and health insurance at the time of his hospital visit. Do i need to file a motion to exempt property before my court date.how do I handle this matter


Asked on 1/14/10, 7:18 am

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

As a general rule, if you received a summons, you would answer the summons. It sounds like you are being sued and they don't yet have a judgment against you. If you admit the allegations, you will automatically lose. If you feel that you did not agree to pay, you can deny the allegations. If there is already a court date, this may be a small claims action. You should seek the advice of an attorney or see if you are eligible for legal aid - more specific facts would be needed to advise you on an individual basis.

Once a judgment is rendered against you and they send you a motion to exempt property, you exempt the property within 20 days of receipt.

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Answered on 1/19/10, 7:39 am


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