Legal Question in Constitutional Law in North Carolina

Re: Phone calls at work

There are laws which forbid creditors from harassing debtors, and it sounds like this woman is violating them. You need to send her a letter telling her so and demanding that she stop. Send it by fax, certified mail, FedEx or some other means which will give you proof that she received it.

But don't be so sure you don't owe anything. If the insurance company said the car was totaled then all it was required to pay was the car's value. If you owed more than this smount on the loan then the rest was still your obligation. For example, if you owed $20,000 and the car was only worth $12,000, the insurer would have paid the bank $12,000 and you would still owe the remaining $8,000. It isn't the bank's fault your car was totaled and there is no reason the bank should have to forfeit $8,000 just because you got into an accident.

While the debt may well be genuine, you may very well have a defense via a statute of limitations. How long the limitations period is depends upon the language of your loan agreement and the applicable North Carolina laws. I don't know what either of them would say, but I would be very surprised if your debt could still be enforced after eight years have passed.