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North Carolina Debt Relief Laws

North Carolina fair debt law, General Statutes Sections 58-70-90 to 58-70-130 and Sections 75-50 to 75-56 is very similar to the federal Fair Debt Collection Practices Act (FDCPA). Some highlights include:

  • Debt collectors cannot threaten you with violence or use abusive or foul language
  • Collectors cannot reveal your debt to anyone except you and your attorney
  • If you retain an attorney, collectors must contact you through your lawyer
  • Collectors cannot misrepresent themselves as being something other than a collector/creditor
  • Collectors cannot publish or post your name
  • Any correspondence must be in an envelope that only has the creditor’s name and address--no postcard correspondence can be used
  • You can only be contacted by a collector between 8am and 9pm (unless you’ve agreed to another time)
  • You have up to 30 days to dispute a debt--once the written dispute is set in motion the collector cannot contact you until it provides you with documentation

Consumers in North Carolina can sue debt collection agencies, which can result in actual damages ranging from $10.00 to $2,000. North Carolina consumers can pursue this avenue in addition to legal action through the Fair Debt Collection Practices Act (FDCPA).

North Carolina Statue of Limitations (SOL)

North Carolina has a three-year statue of limitation (SOL) on open accounts such as credit cards, meaning that the creditor can contact you for up to three years. For written contracts creditors can also pursue you for up to three years. Consumers can consider North Carolina debt settlement during the time the account remains open.

North Carolina provides areas of protection for debtors in terms of wage garnishment In addition to Social Security, some areas include :

  • Pensions: public employee pensions in North Carolina are covered in addition to retirement benefits from IRAs and other funds established along the same IRA principals
  • Public benefits/assistance-- North Carolina provides protection for the most commonly exempt forms including workers’ compensation, unemployment, aid to families with dependent children and crime victim compensation
  • Insurance and annuities typically covered in North Carolina include life insurance and fraternal society benefits

North Carolina Credit Card Debt Relief Act of 2010

The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:

  • The number of fraudulent or weak performing credit card companies are gone
  • Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
  • Increased, open communication from creditors--more information is provided to help you eliminate your loans
  • Debt settlement companies cannot request upfront fees from clients

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