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  1. #1
    Join Date
    Mar 2008
    Posts
    3

    Default Served with a Civil Summons for 2 Year Old Repo

    My question involves an auto loan or repossession in the State of: North Carolina.
    I received a summons from a collection agency acting as asignee for the original creditor. I believe I requested a copy of the account details and bill of sale from the original creditor and never received a response. The summons is listing only me as the defendant when it was a joint account. I know I need to request the bill of sale and account details in my answer. Do I also need to request copies of the collection agencies right to collect on this alleged debt? Validation that I have a legal binding contract with the collection agency? Any assistance would be much appreciated.
    Thanks

  2. #2

    Default Re: Served with a Civil Summons for 2 Year Old Repo

    Repos are governed by Article 9 of the UCC. Read up on it since failure to comply is an absolute defense to their claim but you will need to plead it in your answer. You need to subpoena their records. Check with the court ot be sure it is legitimate and then file your answer within the time limit.

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