Must a debt collector give me written notice before attempting to collect a debt?
Yes, a debt collector must provide written notice before attempting to collect a debt in North Carolina. Debt collection law requires that a debt collector must give the debtor written notice of the debt, including the amount owed, the name of the creditor, and a statement that the debtor has thirty days to dispute the debt. The written notice must also include a statement that if the debtor disputes the debt or any portion thereof, the debt collector must provide written verification of the debt or a copy of the judgment against the debtor. Once the debtor has been sent written notice, the debt collector can then contact the debtor by mail, phone, text, or e-mail to discuss payment or to arrange a payment plan. Debt collectors, however, are not allowed to harass the debtor, use false statements, or try to collect any fees or interest unless authorized by law. In addition, the debt collector is also required to provide a copy of the written notice to the North Carolina Consumer Protection Division and to the Office of the Commissioner of Banks. The Consumer Protection Division will investigate any complaints about the debt collector’s practices, and the Commissioner of Banks can investigate any form of fraud or deceptive practices. Overall, it is important for debtors in North Carolina to remember that a debt collector must provide written notice before attempting to collect a debt. Knowing this information can help the debtor protect their rights and prepare for any future debt collection attempts.
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