Many individuals have faced the wrath of constant phone calls from a collection agency for a debt. Because the due diligence that collection agencies perform is extremely limited, frequently collection agencies will contact debtors claiming an amount owed that is incorrect. Sometimes the amount isn’t even owed at all. For some individuals, dealing with inappropriate attempts to collect the debt greatly impacts their lives due to impact on credit or emotional distress while some people are impacted but in a less severe manner. Both of these types of individuals would have a claim against a collection agency under North Carolina law. If you have been contacted by a collection agency that mischaracterizes the nature of the debt or simply won’t stop harassing you, contact the Raleigh civil litigation attorneys at Maginnis Howard or submit a confidential new case inquiry here.
Recently, the North Carolina Court of Appeals determined that individual plaintiffs do not have to prove actual harm in order to recover from a collection agency under the North Carolina Collection Agency Act, which is located in Chapter 58-70 of the North Carolina General Statutes. Frequently, individual debtors are harmed by the actions of collection agencies through damage to their credit after inaccurate items are placed on their credit report; or from the emotional stress of dealing with creditors inappropriately contacting them. But the requirement of harm is no longer a prerequisite to pursuing an unfair debt collection claim against a collection agency.
Collection agencies are held to a higher standard than from companies who are attempting to collect their own debt. Those companies are obligated to follow the North Carolina Debt Collector Act and a debtor must show that they have been injured in some way by the actions of the debt collector in order to recover.
If you have been contacted inappropriately by a collection agency, contact the Raleigh civil lawyers at Maginnis Howard. Maginnis Howard is a North Carolina unfair debt collection firm handling cases throughout the Triangle area, including Cary, Apex, Wake Forest, Wake County, and surrounding counties like Johnston County, Franklin County, Durham County, Chatham County and Granville County. Contact the firm at 919.526.0450 for a free initial consultation to discuss the actions of the collection agency. You can also reach us through our contact page.
