Can a debt collector contact me if I have an attorney representing me?
In North Carolina, a debt collector is not allowed to contact you directly if you have hired an attorney to represent you. Under the Fair Debt Collection Practices Act (FDCPA), an attorney can act as a mediator between the debt collector and the debtor. The attorney must provide written proof that they are the debtor’s legal representative. Once this proof is provided to the debt collector, all communication must go through the lawyer, unless the lawyer agrees that the debtor can talk to the debt collector directly. If a debt collector calls or contacts you directly after being informed that you have an attorney representing you, this would be a violation of the FDCPA. This means the debt collector is responsible for any damages that the debtor has suffered due to the violation. This could potentially include physical or emotional stress, financial loss, or other damages. If you are being contacted by a debt collector, it is important to let them know you have hired an attorney to represent you. If they continue to contact you, you can take legal action. Make sure you keep records of all communication with the debt collector, so that you can use it to prove that you were harassed if you decide to pursue legal action.
Related FAQs
Can a debt collector ever report negative information to credit bureaus?Are there any laws that protect me from debt collectors?
Can a debt collector contact me if I’m on Social Security Disability?
Are there any exemptions from the Fair Debt Collection Practices Act?
What types of debt are covered by the Fair Debt Collection Practices Act?
What information must a debt collector provide me in writing?
Can a debt collector list my debt on my credit report?
Can a debt collector ever sue me?
Will a debt collector ever inform me of my rights?
What can I do if a debt collector is trying to collect a debt that isn’t mine?
Related Blog Posts
Debt Collection Law - An Overview of the Federal Fair Debt Collection Practices Act - July 31, 2023Know Your Rights: Understanding the Federal Consumer Protection Act and Debt Collection Law - August 7, 2023
Debt Collection Law - What to Do When You Receive a Debt Collection Notice - August 14, 2023
Debt Collection Law - How to Negotiate and Settle Debts - August 21, 2023
Debt Collection Law - How to Stop Creditor Harassment for Good - August 28, 2023