Debt Collector Harassment in North Carolina
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In North Carolina there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in North Carolina
Threats of violence, false identification with the government, an unreasonable amount of telephone calls, or attempting to contact you by telegram all fall under the umbrella of harassing behavior according to the North Carolina State Legislature. If you have experienced harassing behavior from a debt collector you may have grounds to sue. An experienced attorney In North Carolina can best help you through this process.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced North Carolina attorney can help you identify your options and build a strong case.
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any North Carolina debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in North Carolina , such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
There are several debt collection agencies that creditors can turn to in North Carolina, such as Interstate Credit Collections, KLS Financial Services, CSA Collections Inc, or George Brown Associates. The Better Business Bureau provides a complete list of accredited debt collection agencies in Louisiana.
What Should You Do If You’ve Been Harassed By a Debt Collector In North Carolina?
Step 1: Know Your Rights
If you think North Carolina debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
If you’ve been harassed in North Carolina by a debt collector, it’s important to gather evidence. If you are experiencing harassment from a debt collector, you’ll want to be proactive if you can. Keep receipts of payments made, and keep copies of any correspondence between you and the collection agency. You might also consider documenting the times and dates of any potential harassing behavior. In addition, LawHelp NC suggests that you draft a Stop Contact letter as soon as possible. Then, send it to the collection agency through certified mail. Legally, once they have received the letter they cannot contact you again, and sending it certified mail will give you a receipt that the letter was sent.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish North Carolina debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from North Carolina debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. North Carolina attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced North Carolina debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
Once you have experienced harassing behavior, you only have one year to file your suit. You may be eligible to pursue damages incurred from the harassment that have caused you to lose wages or incur medical debt. However, even if you cannot pursue these damages, the judge may award you a $1,000 settlement from the collection agency. As well, you could have all legal fees and court costs paid. You can file your lawsuit either in a U.S. District Court, or a North Carolina State Court depending on the merits of the case. This is where an experienced Louisiana Attorney could prove invaluable.
Work With an Experienced North Carolina Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in North Carolina, it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across North Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!