- So I stumbled upon this statute in the North Carolina Debt Collections Law and wondered if I could use this when I DV an OC for a five year old auto repo? For that matter, for residents of North Carolina, any TL over three years is considered obsolete given this statute. Has anyone tried this when approaching OCs or CAs?
Am I right in assuming that I could legally tell the CRAs to delete the items as obsolete? After EQ returned my disputes with verified after TU deleted these bad TLs I am not opposed to dipping into state laws from here on out. So basically, 75-55 (1) says that no debt collector can seek or obtain acknowledgement in any form of a debt that barred by SOL.
This seems too good to be true, so I am trying to figure out if I am misinterpreting the meaning behind the statute. Also, the fines are steep if you find that a debt collector fails to comply - $5,000 per violation if I recall, so why aren't more resident of North Carolina using this as a legal means to get paid but still harmful trade lines eliminated?
- 75-55. Unconscionable means.
No debt collector shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:
(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.
(2) Collecting or attempting to collect from the consumer all or any part of the debt collector's fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge.
(3) Communicating with a consumer (other than a statement of account used in the normal course of business) whenever the debt collector has been notified by the consumer's attorney that he represents said consumer.
(4) Bringing suit against the debtor in a county other than that in which the debt was incurred or in which the debtor resides if the distances and amounts involved would make it impractical for the debtor to defend the claim. (1977, c. 747, s. 4.)
