When speaking with a Raleigh bankruptcy attorney or debt relief specialist, a debtor will first be asked to list his assets and identify amounts sought by creditors and collection agencies on their credit report. In North Carolina, it is possible that those potential liabilties can actually be an asset that debtors can use to assist them in their recovery from the economic turmoil of the past few years.
North Carolina protects debtors by requiring collection agencies to obtain a collection agency permit issued by the Department of Insurance and to include that permit number in each written communication with the consumer debtor. It is a felony in North Carolina law to operate a collection agency without that proper permit.
It is important to note that not every party attempting to collect a debt is, in fact, a collection agency. Parties attempting to collect debt on their own behalf, including in-house collection departments, as well as attorneys are not subject to the permit requirements.
If you have received a letter from a collection agency that did not include the proper permit number, it may be that that collection agency is not licensed to collect debts in this state. You may have a civil claim under the federal Fair Debt Collection Practices Act (FDCPA), the North Carolina Collection Agency Act, or the North Carolina Debt Collection Act. Contact a debt collection attorney at Maginnis Law, PLLC to discuss your potential claims under the FDCPA and other statutes.
Maginnis Law, PLLC is a Raleigh civil litigation firm with debt collection lawyers practicing in Cary, Apex, Morrisville, Clayton, Durham and the rest of the Triangle area. Contact the firm at 919.526.0450 to speak with a Raleigh civil attorney or initiate a new case inquiry through our contact page.