Violation of Your Rights
Debt collectors often violate the FDCPA and the North Carolina Debt Collection Act.
Violations of debt collection laws are another good way to dismiss or settle cases. As mentioned above, the Fair Debt Collection Practices Act (FDCPA) and the North Carolina Debt Collection Act include penalties like statutory damages, actual damages, costs, interest, and attorney’s fees, if even a minor violation is committed.
Culik Law will advocate aggressively for you against debt collectors and protect your rights under the Fair Debt Collection Practices Act and the North Carolina Debt Collection Act.
There are a lot of ways that debt collectors can violate these laws. They might fail to send you a 30-day written notice of intent to file a lawsuit required under the North Carolina Debt Collection Act. They might not hold valid documentation of the debt at the time they file the lawsuit. They might try to file a motion for summary judgment without all the legal requirements. Under the FDCPA, debt collectors also have to provide validation of the debt if you timely request it. Basically, any unfair, deceptive, or harassing business practice in connection with collecting a debt is a violation of these laws.
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