North Carolina Fair Debt Collection Law
North Carolina General Statutes Sections 58-70-90 to 58-70-130 and Sections 75-50 to 75-56 deal with debt collection agencies. The prohibited debt collector practices in many ways mirror the federal Fair Debt Collection Practices Act. For example, the law says that:
- A debt collector can use or threaten to use violence against you or your property
- A debt collector can't falsely accuse you of fraud or a crime or tell you that you'll be arrested
- A debt collection agency can't sent false information to a credit bureau
- A debt collector can't threaten to sell your debt to someone who will use harsh collection methods
- A debt collection agency can't tell you that your wages will be garnished or your property will be taken
- A debt collector can't use profanity, or make collect phone calls or send collect telegrams
- A debt collector can't call repeatedly to the point of harassment, or call at odd hours
- A debt collection agency can only contact your employer or third parties if it doesn't have your home contact information
- A debt collector can call your spouse, or if you are a minor, your parents
- A debt collection agency can't send you postcards or use communication that broadcasts that you owe a debt
- A debt collector can't post or publish your name
- A debt collector has to tell you his name and the name of the debt collection agency, and has to tell you that he's collecting a debt
- A debt collector can't tell you that he is holding something of value to you
- A debt collector must provide you with accurate information about your debt
- A debt collection agency can't mislead you into thinking it's a government agency or send you documents that look like they're from a court or government agency
- A debt collection agency can't tack on other charges to your debt
- A debt collector can't try to trick you into agreeing that you owe a debt that was discharged in bankruptcy or past the statute of limitations
- A debt collector can't contact you once he knows that you have an attorney
- If a debt collection agency sues you, it must have documentation that you owe the debt, as well as documentation about the amount of the debt; it also must send you a notice 30 days in advance that it is planning to take you to court
North Carolina law allows individual consumers to sue debt collection agencies. A successful lawsuit filed in the state can result in an award of actual damages and a penalty ranging from $100 to $2,000. This is in addition to being able to sue a debt collection agency for violation of the Fair Debt Collection Practices Act.
With the help of a fair debt attorney, you can often reach a settlement with a debt collection agency that either puts money in your pocket or erases part or all of that debt. Complete the form to the right, and the legal team at StopCollector.com will provide you with a free case evaluation. If the debt collector has violated North Carolina state law and the FDCPA, we'll take your case absolutely free.
File a Complaint
If you've been the victim of illegal fair debt or fair credit practices, you should file a complaint with the North Carolina Attorney General. Often, attorneys general use consumer complaints as the basis for filing lawsuits against debt collection agencies. Filing a complaint is a way of making your voice heard, and of helping to put a stop to unethical debt collection practices.
You can download a complaint form or file an online complaint with the North Carolina Attorney General's office by clicking here.
Here's the contact information to call or send a written complaint to the North Carolina Attorney General:
State of North Carolina
Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
919-716-6000 or 877-566-7226
You should also file a complaint with the Federal Trade Commission (FTC). The FTC is responsible for enforcing the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. It looks at patterns of consumer complaints and holds shady debt collection agencies accountable by suing them and fining them. It’s also required to provide Congress with an annual report about debt collection and credit reporting practices that includes the number of consumer complaints filed. You can file a complaint with the FTC by clicking here.
If you have been the victim of harassment or illegal or unfair debt collection practices, contact the Fair Debt Attorneys at Lemberg & Associates immediately to discuss your options and protect your rights. When you owe creditors money, you are protected by the Fair Debt Collection Practices Act, as well as other federal and state laws. If a debt collector has violated your rights, you may be entitled to up to $1000 in damages, and they may even have to pay your attorney fees. Sergei Lemberg, and the attorneys at Lemberg & Associates have helped countless people to assert their legal rights with debt collectors. Don't be intimidated by illegal debt collection practices. For more information, contact Lemberg & Associates today at .