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What creditors can and cannot do when trying to collect debt

On Behalf of | Jan 27, 2022 | Consumer Protection |

Sometimes one of the worse parts for people who owe money to creditors is the calls from the debt collectors. They can seem to be constant and force people to ignore phone calls and can create even more stress than they are already feeling due to their situation. Many people in North Carolina have to deal with debt collectors’ actions and attempts to collect, but there are certain actions that people should not have to endure during the process.

Rules debt collectors must follow

Debt collectors can only contact you by phone call or through the mail. They cannot email or text you concerning their debt. If calling, they need to only call between the hours of 8:00 a.m. and 9:00 p.m. when calling you at home. However, they can also call your work or friends and family if they are unable to reach you on your main phone line. If they do this though, they cannot disclose why they are trying to contact you.

While on calls there are also certain rules that they must follow. They cannot use profanity or threaten people with violence; threaten arrest; pretend to be from a law firm, government agency or from any other place besides the debt collection agency they are representing. They also cannot garnish your wages either. Also, you have a right to request that the debt collectors stop contacting you in writing and if you do, the calls must stop.

If creditors violate these rules or any other laws and rules governing them, consumers may have recourse against them and the debt collectors could face fines and other penalties as a result.

People in North Carolina do not want to have debt in default. Typically, if they have the money to make the payments they will make the payments. The default can be bad enough, but having to deal with the calls and harassment of the debt collectors can be even worse at times. There are many rules debt collectors must follow and the consumers have protections. Experienced attorneys know when debt collectors’ actions step over the line, becoming harassing, and may be able to help protect consumers’ rights.