info@carolinalaw.com
info@carolinalaw.com
North Carolina state law and the federal Fair Debt Collection Practices Act (FDCPA) prohibit attempts to collect debt when it is not owed, whether the debt has been paid off in full or discharged by bankruptcy, or if you are being harassed with calls when debt is owed by a different person, such as a significant other or a family member. Our experienced consumer attorneys proudly represent those dealing with communications when a debt is not owed.
The FDCPA protects consumers from many forms of debt collection harassment. However, it also offers consumers a way to recover damages if collectors harass you for a debt you don’t owe. If creditors and collection agencies contact you with letters, phone calls, text messages, emails, or in any other fashion, you must owe the debt, and the amount they seek to collect must be accurate. Collection agencies cannot have inaccurate records that fail to identify a payment made. Similarly, creditors and collection agencies cannot mischaracterize the amount of the debt. Creditors and debt collectors cannot assess late fees, interest, or penalties, which they are not entitled to collect.
In North Carolina, this is not always limited to consumer debt. Collection agencies cannot mischaracterize the amount or status of business debt (creditors attempting to collect their own business debt are not subject to state unfair debt collection laws).
The FDCPA and North Carolina laws allow consumers to ask for information and challenge debt collection efforts. Collectors often target the right people who actually owe a debt. However, mistakes can happen in the consumer data industry, leading to the wrong person facing debt collection harassment. As a result, some consumers who share a common name may have their information mixed. Additionally, a debt collector might not update their records even after a debt has been paid. When this happens, you have a right to pursue compensation for damages.
If you receive communications where the debt is not owed or the amount claimed is inaccurate, saving all communications you receive is essential. Do not throw away letters or delete emails, and get a copy of your phone records to reflect the number of times these creditors have contacted you. North Carolina’s protections against debt collectors and collection agencies provide for damages on a “per violation” basis, meaning that every letter or phone call can be a separate violation, allowing for separate damages. Consumers need to save those communications that show violations to protect their rights.
If you have ever found yourself in a situation where a creditor, debt collector, or collection agency has reached out to you about a debt you do not owe, or if the amount they are claiming seems inaccurate, it’s essential to know that you have rights and options. At Maginnis Howard, we are dedicated to assisting individuals who face such challenges. Our skilled team of consumer attorneys is ready to evaluate your case and provide you with the guidance you need to navigate this stressful process. We invite you to reach out to us for a complimentary consultation where we can discuss your situation in detail and explore potential legal avenues. Our esteemed law firm serves clients throughout the Carolinas, backed by offices in Raleigh, Charlotte, and Fayetteville. Don’t hesitate to contact us today and take the first step towards resolving your concerns effectively and confidently.
The amount varies based on the type of FDCPA violation, but there are three general types of compensation. First, compensation for actual (compensatory) damages for financial or emotional harm due to abusive debt collection tactics. Second, punitive damages to “punish” the wrongdoer for particularly harmful behavior and deter future violations. Finally, you can get your legal fees and associated costs paid for by the collection agency.
While it’s possible to pursue legal action independently, we strongly recommend you hire a professional debt collection harassment attorney to file on your behalf. Maginnis Howard’s consumer protection attorneys have decades of experience fighting for the most possible compensation for people dealing with debt collection harassment.
