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Motion to withdrawal councilcil

Discussion in 'Student Loans' started by Dismissed Attorney, Jan 11, 2018.

  1. Dismissed Attorney

    Dismissed Attorney Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    Several Years ago, an attorney friend who I never paid or retained filed papers for me regarding some student loans. I later went to court with the collection agency and asked for a continuation and they were suppose to get back to me and Ieft the court and I was told to dismiss my attorney. I filed a motion to dismiss my attorney. It happened to be the day before a hearing that I did not know about. A judgement was filed. Now, they are still saying he is the attorney of record. That was 2009. It is now 2017. Its an attorney's office that is the collection agency. Isn't there a statue of limitation on how long an attorney of record is on a file after a client dismisses them. By the way, that attorney friend is no where to be found.
     
  2. army judge

    army judge Super Moderator

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    There is a SOL that disallows a creditor the ability to collect a debt.

    The original creditor can continue to try and collect on debt indefinitely.

    However, three years from the last payment, they have no legal remedy to pursue collection.

    The creditor may continue to call and request a payment from you, the creditor.

    At the seven year mark, the debt should no longer appear on your credit report(s).

    Debt buyers in North Carolina are prohibited from collecting on ANY debt beyond the statute of limitations.

    Most debts have a three year SOL in North Carolina



    -----------------------------------------------------------------------------------------



    You CAN'T dismiss your attorney.

    You CAN petition the court to ALLOW your attorney to be dismissed.

    The article below is published by the NC Bar. Take a look at how dismissal is accomplished legally:

    Declining or Terminating Representation | North Carolina State Bar




    Bradley Cox, a licensed NC attorney describes in detail HOW to dismiss your lawyer:


    How to Fire a Lawyer
     
    Dismissed Attorney likes this.
  3. ElleMD

    ElleMD Well-Known Member

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    Your post is very difficult to follow, particularly because you use a lot of pronouns without attaching them to a subject. If you never retained an attorney, you couldn't have either dismissed an attorney nor still have one on record.
     
  4. Dismissed Attorney

    Dismissed Attorney Law Topic Starter New Member

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    Sorry about the grammar. I really did not want to spend this much time on it. I have been paying the debt. The problem is the attorney and communication due to them saying I have one and I don't and never really did.
     
  5. army judge

    army judge Super Moderator

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    If you've been paying on the debt, the SOL won't protect you.

    If you paid $1.00 in June of last year, the SOL was reset.
    Assume the SOL is three years.
    That $1.00 payment allowed the SOL to be reset to June of 2017.
    You can't assert the SOL as a defense until June of 2020.
     
  6. Dismissed Attorney

    Dismissed Attorney Law Topic Starter New Member

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  7. Dismissed Attorney

    Dismissed Attorney Law Topic Starter New Member

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    I have a right to dismiss attorney at any time. It's been 10 years. Yet, when I call them they wont talk to me. They have documentation from the judges notes saying I am pro se and that I am to write I note to the attorney releasing him from 10 years ago. They sent it to me. I am about to report them to the bar association.
     
  8. zddoodah

    zddoodah Well-Known Member

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    If you never retained him, why did he do this?

    A continuation of what? Does this mean the collection agency sued you to collect unpaid student loans?

    Told by whom? Why?

    Who are "they"? Do you dispute that this person is not still your attorney of record? If so, on what basis do you dispute it?

    No. It's 2018.

    No. In the context of non-criminal matters, a statute of limitations is a law that says how long after accrual of a cause of action a person has to file a lawsuit. Regardless of the fact that your attorney of record apparently became your attorney of record without your consent, he remains as such until such time as a proper substitution (or whatever it's called in NC) is filed with the court. Did you or did your attorney file a substitution after you dismissed him?

    You should be able to find him through the State Bar's web site.

    Except the OP told us that a judgment was entered against him/her, so the statute of limitations is a moot point. Under North Carolina law, judgments can be enforced for 10 years (and, presumably, can be renewed). A judgment that remains enforceable may remain on the judgment debtor's credit no matter how long ago it was entered.
     

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