North Carolina debt collection laws: 1 year to file

the short answer

North Carolina is the strongest state statute in the country on the arithmetic, and it is a private action rather than a regulator's. Its Article 2 is the exclusive definition of unfair or deceptive practices in debt collection in the state, so a collector's conduct is measured against that article and nothing else.

source ↗Not yet checked against the statute.

governing statute15 U.S.C. § 1692d source ↗Not yet checked against the statute.

plain englishA debt collector may not harass, oppress or abuse you to collect a debt — no threats, no obscenity, no publishing your name as someone who will not pay, and no repeated calls meant to annoy. It may not lie about the amount, about who it is, or about what will happen to you. It may not call before 8 in the morning or after 9 at night your time, or at work once you have said your employer forbids it, and once you tell it in writing to stop contacting you it must stop.source ↗Not yet checked against the statute.

deadline5 dayssource ↗Not yet checked against the statute.

penaltyYour actual damages, plus additional damages the court may allow up to $1,000, plus the costs of the action and a reasonable attorney's fee (15 U.S.C. § 1692k(a)). The fee shifts on any successful action, which is what makes a small case worth a lawyer's time.source ↗Not yet checked against the statute.

limit1 yearsource ↗Not yet checked against the statute.

free routeThe Consumer Financial Protection Bureau takes a complaint about a debt collector online, in any state, for nothing. It forwards the complaint to the company and expects a response, and it publishes the complaint and the response in a public database. That is a national route that runs alongside — not instead of — the state office named below.source ↗Not yet checked against the statute.

alsoThe Act reaches debt collectors — third-party agencies, and buyers of debt that was already in default. A creditor collecting its own debt in its own name is usually outside it, and that is the gap the state law below is often there to close. Two more things worth knowing: within five days of first contacting you the collector must put the amount, the creditor's name and your right to dispute in writing, and if you dispute in writing within thirty days it must stop collecting until it sends you verification. Under Regulation F a collector is presumed to be harassing you if it calls more than seven times in seven days about the same debt, or at all within seven days of speaking to you (12 C.F.R. § 1006.14(b)(2)(i)).source ↗Not yet checked against the statute.

Which debt collection law applies in North Carolina?

governing statute

N.C. Gen. Stat. § 75-56

source ↗Not yet checked against the statute.

What can you recover from a debt collector in North Carolina?

penalty

Actual damages, plus civil penalties the court may allow of not less than five hundred dollars ($500.00) and not greater than four thousand dollars ($4,000) for each violation (N.C. Gen. Stat. § 75-56(b)). Per violation, with a floor — a handful of calls is a four-figure claim before actual damages.

source ↗Not yet checked against the statute.

Where do you report a debt collector in North Carolina?

free route

The Department of Justice takes a consumer complaint at no cost. In North Carolina the complaint is the smaller half of the answer: the statute above gives you a private action with a $500 floor per violation, and that is the route the numbers point to.

source ↗Not yet checked against the statute.

Which court hears a case like this in North Carolina?

which court

District Court, heard by a magistrate

source ↗Not yet checked against the statute.

How much can you sue for in North Carolina small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in North Carolina. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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Can I sue for a debt collector harassing me in North Carolina?

Which debt collection law applies in North Carolina?

What can you recover from a debt collector in North Carolina?

Where do you report a debt collector in North Carolina?

Which court hears a case like this in North Carolina?

How much can you sue for in North Carolina small claims court?

That is the rule. Whether it is your answer is a different question.