How does a creditor sue a debtor?

In North Carolina, creditors may file a lawsuit – referred to as a “complaint” – to collect a debt from a debtor. The complaint will usually include the creditor’s name and address, the name and address of the debtor, and a description of the debt allegedly owed. The complaint should also specify the relief sought by the creditor, such as a court-ordered judgment for a specific monetary amount. The debtor will then receive notice of the complaint by mail or summons. After the debtor receives the complaint, they must respond in the form of an answer. The answer must be filed with the court and served to the plaintiff (the creditor) within 30 days of receiving the complaint. The answer should provide a detailed response to the allegations in the complaint, such as denying certain claims or providing evidence to support the debtor’s position. If the debtor fails to respond to the complaint or dispute the allegations, the court may enter a default judgment against them. This means that the court will rule in favor of the creditor and order the debtor to pay the amount specified in the complaint. However, if the debtor disputes the claim, the case will proceed to trial. During the trial, the creditor must prove the case in order to win the judgment. If the judgment is in favor of the creditor, the debtor must then satisfy the judgment amount by paying the creditor.

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How does a creditor sue a debtor?

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