Question by Tiffany W: I’ve Been Summoned for a Credit Card Debt. Should I Hire a Lawyer or Is There Another Option?
I have a credit card bill for about 00 that has been closed and bought by a debt buyer (Portfolio Recovery Associates) and they have recently summoned me for a civil suit. From what I’ve read, I can’t have my wages garnished in NC for credit card debt unless they get another state to order the garnishment, but the lawsuit is in a NC court and VA (the state where Portfolio Recovery Associates is headquartered) doesn’t seem to allow it either. Also, some sources (credit lawyers’ websites) say that debt buyers don’t really do well in court because they don’t usually have the documentation that they need to prove the case. According to the lawyers, the debt buyers are hoping that I won’t show up and they’ll get a default judgment – assurance that I’ll have to pay and a 20-year extension on how long they have to collect. I have a few smaller past due accounts that I would also like to pay off, but I can’t afford to pay everyone at once, especially if i make large lump sum payments on any particular account. I don’t have much money and my husband and I are struggling to recover from unemployment issues from the past two years. Therefore, I want to make the best long-term financial decision without spending more money than necessary. Does anyone with experience in this situation have advice? Would hiring a lawyer be worth the money? Is there a way to get a free but legit legal consultation (maybe local government resources)?

Best answer:

Answer by Michael T
If the lawsuit is in NC, then they have to use that court system to garnish wages. You are correct that NC does not allow wage garnishment except for child support and taxes. However you are incorrect about VA which does allow wage garnishment for consumer debt.

http://www.bcsalliance.com/debt1_virginia.html

If they are filing a lawsuit in NC (which I believe is required since that is where the debt was acquired), then it is likely that they are trying to extend the statute of limitations or possibly garnish your bank accounts.

http://www.bcsalliance.com/debt1_northcarolina.html

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