It’s almost embarrassing how many posts we’ve done about the Servicemembers Civil Relief Act (SCRA). (See here, here, here, and here, and also a bunch of others where it is at least mentioned). Actually, I’m just embarrassed that my colleagues did all that and I didn’t write any of them. But here I am, and my purpose here is simple: to notify you* of important new SCRA law specifically relevant to North Carolina. These changes became effective earlier this week.Continue Reading
Debt Buyers & North Carolina’s Consumer Economic Protection Act
Last month John Oliver made headlines across the country when his TV show, Last Week Tonight, did an episode focusing on common practices by debt buyers. To illustrate how easy it is to buy consumer debt, Oliver formed a debt-buying company (“CARP”) after complying with legal requirements in Mississippi: paying $50 to the State and appointing himself Chairman of the Board. The new company set up a very basic website and was quickly offered an opportunity to buy $3 million of consumer medical debt for $60,000, along with the names, addresses, and social security numbers of almost 9,000 alleged debtors. At the end of the episode Oliver— in his role as CARP Chairman– forgave the debt by pushing a giant red button. You can watch the excitement, and perhaps learn something about debt-buying, by going to https://www.youtube.com/watch?v=hxUAntt1z2c .Continue Reading
Slip-ups happen, but when are they “excusable neglect”?
Defendant fails to answer the complaint on time, so plaintiff seizes the moment and obtains default judgment. A party does not understand a notice of hearing, fails to attend, and the court enters a final order in the opponent’s favor. These and similar scenarios happen regularly in North Carolina courts, and afterward the most common argument for relief from the judgment is “excusable neglect.” Rule of Civil Procedure 60(b) allows relief from a “final judgment, order, or proceeding” on this basis. But just what does excusable neglect mean?Continue Reading