Can a debt collector attempt to collect a debt that’s past the statute of limitations?
In North Carolina, a debt collector is not allowed to attempt to collect a debt that has exceeded its statute of limitations. A statute of limitations is a period of time during which a creditor or debt collector can sue you for the debt and obtain a judgment. The statute of limitations can vary depending on the type of debt and the state in which the debt was incurred. In North Carolina, the statute of limitations for a collection of most kinds of debt is three years. After this time period has passed, creditors and debt collectors are unable to sue the debtor and may not attempt to collect the debt. If a debt collector does attempt to collect a debt that has gone past the statute of limitations, they can be violating federal laws. If you feel that a creditor or debt collector has violated laws protecting consumers from abusive debt collection practices, you should contact the North Carolina Attorney General’s office or the Consumer Financial Protection Bureau. They can help explain your rights and offer resources to help you understand your options. In general, if a debt collector attempts to collect a debt that has past its statute of limitations, it is best to get legal advice and take action. Ignoring the issue may not make it go away, and the debt collector may still be able to take advantage of consumers if the issue is not addressed.
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