Under North Carolina Article 70, Chapter 58 of the General Statutes, are the rules that collection agencies must abide by when attempting to collect a debt that a borrower owes.
Debt collectors can contact a debtor by phone, in person, by mail or fax about the bills a debtor owes only within the hours of 8 a.m. and 9 p.m. North Carolina has made it illegal for a debt collector to contact the debtor at his/her place of employment if they don’t also have a way to reach the debtor during non-working hours. Debt collectors must cease to call a debtor at their job if they are aware that the debtor’s employer disapproves of them calling.
When debt collectors are unable to locate a debtor, they may attempt to contact the debtor’s neighbors, friends, employers, or relatives. The debtor should know that it is against the law for them to say how much a person owes or even why they need to get in touch with that person.
When a debt collector attempts to collect a debt of a North Carolina resident, they must not pretend to be government representatives or attorneys, threaten any type of violence, use profanity, threaten a debtor with being arrested if they don’t pay up, tell the debtor’s employer or other people about the debts owed, garnish a debtor’s wages (unless permitted by law and is in fact contemplated by the debt collector), pretend to be contacting the debtor for another reason, or contact the debtor before or after restricted hours (before 8 a.m. or after 9 p.m) unless the debtor agrees.
North Carolina residents can put a end to a debt collector calling them at home or work by writing a letter stating to the debt collector to stop calling them at home and work and mailing it by USPS certified mail (Make sure to keep a copy). Once they receive this letter, it then becomes illegal for them to make any further contact with the debtor except to tell the debtor that the creditor plans to take action on the account. Please note that mailing a cease and desist letter won’t erase the debt and they can still take legal action through the court systems to collect money that is owed.
To view North Carolina Article 70, Chapter 58 of the General Statutes, see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_75/Article_2.pdf.
For residents of North Carolina that have a complaint about a debt collector, they can call 1-877-5-NO-SCAM to file a complaint with the Consumer Protection Division of the North Carolina Attorney General’s Office.
Along with the the North Carolina laws that govern how debt collectors must act when attempting to collect a debt, the Fair Debt Collection Practices Act (FDCPA) enacted by the House of Representatives and Senate of the United States of America, prohibits debt collectors from using abusive, deceptive, and unfair practices to collect debts. The Federal Trade Commission (FTC) otherwise known as the nation’s consumer protection agency, enforces this act. See http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text.
InfoAviator Publishing is a organization determined to help consumers facing debt collection activity that are currently residing in the cities and townships of (but not limited to) New Bern, Cary, Charlotte, Chapel Hill, Monroe, Huntersville, Wake Forest, Concord, Wilmington, Jacksonville, Greenville, Thomasville, Kinston, Wilson, Raleigh, Winston-Salem, Shelby, Salisbury, Asheville, Sanford, Gastonia, Rocky Mount, High Point, Statesville, Kannapolis, Cornelius, Holly Springs, Durham, Indian Trail, Garner, Matthews, Mint Hill, Asheboro, Fayetteville, Hickory, Mooresville, Havelock, Apex, Greensboro, Burlington, Goldsboro, and Lumberton in the state of North Carolina.