Legal Question in Credit and Debt Law in North Carolina

does a debt collector have to notify the consumer of the debt before publicly posting it?


Asked on 12/06/10, 10:38 am

1 Answer from Attorneys

I do not understand the question. Under the Fair Debt Collection Practices Act, a debt collector is prohibited from publicly publishing information about your debt to third parties. They cannot even mail you anything which would reveal this. So why would they publish it?

The common practice is that debt collectors will try to call first. Within 5 business days, the debt collector must send you a letter about the debt.

If this debt collector is threatening to publish information, then either they are violating the law OR this is not for a typical debt (car/personal loan, credit card or the like) but could be a payday lender. Payday lenders violate the law. Contact the NC attorney general in that case. Here is the link:

http://ncdoj.com/Consumer/2-2-12-File-a-Complaint.aspx

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Answered on 1/12/11, 4:04 pm


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