What are the legal implications of medical debt and collections?

Medical debt is a serious issue in North Carolina. Unpaid medical bills can result in wages being garnished, liens on property, and negative credit ratings. In North Carolina there are specific laws that address medical debt and collections. The Fair Debt Collection Practices Act (FDCPA) is a North Carolina law that was created to limit the amount and type of contact a debt collector can have with the debtor. It limits calls to the debtor to between 8:00 am and 9:00 pm and specifies that debt collectors cannot use harassment, threats, or false representations when communicating with debtors. Under North Carolina law, medical debt cannot be reported to the credit bureaus until it is 180 days past due. This gives the debtor a chance to negotiate a payment plan with the creditor or dispute the debt. If a debtor is sued for medical debt, they have the right to be notified of the lawsuit and to respond with a written response. In addition, North Carolina law prohibits medical providers from engaging in “assignment of wages” which is when a medical provider garnishes part of a debtor’s wages without going through the court system. Finally, the law sets limits on how much a medical provider can collect from a debtor. They cannot take more than 15% of the debtor’s income and they must take into account the debtor’s other financial obligations. These laws were created to protect North Carolina citizens from unfair medical debt collection practices. It is important for anyone who is dealing with medical debt to be aware of their rights under the law so they can protect themselves from unfair collection practices.

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