When Debt Collectors Attempt to Collect a Paid Debt

North Carolina law provides generous protections for debtors against harassment, coercion, and misrepresentation by debt collectors. While there are any number of ways a debt collector can run afoul of these statutes, one of the more obvious is to attempt to collect a paid debt. Whether the debt collector is the actual creditor or a […]

Negotiation and Indorsement of a Mortgage Note

community of houses representing a home owners association

Most homeowners are aware that there is a foreclosure crisis in the United States, but they may not understand precisely why there is a crisis. The crisis is caused, at least in part, by the sloppy record keeping of the banks. Mortgagors/home owners nowadays are finding that they are being brought into expedited power of […]

Personal Guarantees on Commercial Contract Collections

For many startup businesses, it can be impossible to obtain credit without offering a personal guarantee of an owner or officer. If the business is not successful, and cannot pay its debts, this guarantee can come back to haunt the owner or officer. Most creditors’ attorneys will file suit on a breach of contract claim […]

Lawsuits Against Collection Agencies for Harassment of Debtors

A creditor has a right to use a collection agency to attempt to collect unpaid debts. It does not, however, have the right to use the collection agency like an “attack dog.” North Carolina law provides that it is unlawful for collection agencies to use harassment to attempt to collect debt. If a collection agency […]