Can a debt collector tell me to pay more than I owe on a debt?

No, a debt collector cannot tell you to pay more than you owe on a debt in North Carolina. Under the Fair Debt Collection Practices Act (FDCPA), a debt collector cannot engage in any unfair or deceptive conduct when collecting a debt. This includes, but is not limited to, misrepresenting the debts owed, the amount of collection fees, the amount of interest that can be charged, or a person’s ability to pay. It is illegal for a debt collector to intentionally misstate the amount due on a debt. In addition, North Carolina General Statute § 75-50 provides consumers with protection from dishonest debt collectors. This statute provides that a debt collector cannot demand an amount greater than that which is actually due, or threaten legal action if a consumer cannot pay an amount that is greater than what is owed. Although debt collectors are allowed to charge a fee and interest on unpaid balances, they cannot systematically charge more than what is legally due. If a debt collector is demanding an amount of money greater than the sum of the unpaid balance plus any allowed fees and interest, it is illegal and the consumer should contact the North Carolina Attorney General’s Office.

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