Consumer Law

Debt Collectors

Our firm’s FDCPA lawyers are experienced in representing victims of unfair debt collection. If you receive calls from bill collectors, debt collectors, creditors, or anyone trying to collect a debt from you, even if the debt is actually or partially owed, you may be entitled to compensation if the debt collector or collection agency is acting inappropriately. These actions may violate federal laws like the Fair Debt Collection Practices Act or the powerful North Carolina state laws like the North Carolina Debt Collection and the North Carolina Collection Agency Act.

North Carolina has some of the best protections in the country for individuals against harassment or other unlawful activities by debt collectors and collection agencies. Debtors are not only entitled to receive actual damages due to inappropriate phone calls but can recover statutory damages of up to $4,000.00 per violation. If unlawful, each phone call, email, text, billing statement, or letter by the collection agency can be construed as a separate violation.

Some typical instances where you might have a claim for unfair debt collection include:

Calls after a discharge in bankruptcy
Calls during normal sleeping hours or at times you have told them not to call you
Disclosing the existence of the debt to a third party
Failing to identify who is calling you and what debt they contend is owed
Filing a lawsuit against you in a different county from where you live or signed a contract
Filing a lawsuit that is barred by the statute of limitations or where they have already accepted money in full payment
Improper assessment of fees or interest in a billing statement
Inaccurate billing records or failure to credit payments
Reporting or threatening to report to credit reporting agencies when the debt is not owed
Telephone calls after you’ve told them to stop calling
Threats to garnish wages or to prosecute criminally
Threats to file a lawsuit with no intention of doing it
Using misleading or confusing language in their letters and statements

If this, or something similar, has happened to you, we may be able to help. All unfair debt collection consultations with our FDCPA lawyers are free of charge. We also accept these cases contingently so that you pay no attorney fees unless you recover something. Visit our contact page for information about the closest Maginnis Howard location to you.

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