RALEIGH OFFICE

1033 Bullard Court, Suite 207
Raleigh, NC 27615
Phone:  (919) 981-4475
Fax:  (919) 926-1676
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Debt Collection Defense

At Norris Emery, PLLC, we can help debtors assert their rights and defend themselves against harassment.  Both the federal Fair Debt Collection Practices Act and the North Carolina Debt Collection Act prohibit certain kinds of behavior by debt collectors.

Counterclaims Against Debt Collectors

We defend debtors against illegal debt collection practices and against lawsuits to collect on certain consumer debts.  If a collection agency or creditor does any of the following, we can file a lawsuit to help you recover from losses and expenses:

  • Collectors fail to identify themselves
  • Collectors make false claims
  • Collectors contact third parties about the claims, such as employers or neighbors
  • Collectors make harassing phone calls, call after 9 p.m. or contact debtor at work after being requested to stop
  • Collectors continue to contact debtor after being notified in writing that all questions and efforts to collect should be directed to an attorney

Debtors have one year from the date of the violation to file a claim against the debt collector or creditor. Successful claims can result in payment for damages suffered plus an additional amount — currently $1,000 — in court costs and attorney’s fees. If the counterclaim is brought under the North Carolina Debt Collection Act, the maximum additional payment is $4,000.

Defense Against Debt Collectors’ Lawsuits

If a creditor sues to collect on an account, you may have certain legal defenses to the claim. Common defenses against collection suits include the following:

  • Expiration of the statute of limitations (usually three years in North Carolina);
  • The collector is suing the wrong person;
  • The debtor previously discharged the debt in Chapter 7 or Chapter 13 bankruptcy;
  • The debt was already paid at an earlier time;
  • insufficient proof of ownership of the debt; and
  • The collector is suing for an incorrect amount

It is important for consumers being harassed or sued by debt collectors to understand that they have rights and that an attorney may be able to save them money by invoking those rights.

Learn How our Law Firm Can Assist You

At Norris Emery, PLLC, we work every day to protect North Carolina consumers.  Contact us today to for a free initial telephone consultation about your rights as a debtor.