Legal Question in Credit and Debt Law in North Carolina

This is a common scam. Please read this information from the North Carolina Attorney General's office at the links below.

http://ncdoj.gov/News-and-Alerts/Alerts/Don�t-Fall-For-Phony-Debt-Collectors.aspx

http://ncdoj.gov/Consumer/Credit-and-Debt/Payday-Loans.aspx

Attorney Coleman is usually correct but I cannot quite so easily dismiss this by saying scam.

I am not sure who is calling you. I can tell you that people do not get called as a courtesy before a creditor sues them. Sometimes the creditor gets a lawyer to send a letter before instituting suit and sometimes the creditors just get a lawyer and sue. But no creditors that I am aware of give out courtesy phone calls. So I would agree that from this stance, it may be a scam.

However, payday lenders routinely violate the law and do make threatening calls of this type. Did you actually take out a payday loan? Payday loans are illegal in North Carolina if the loan was taken out here.

Applying for a payday loan is one thing. Did you take it out or not? If you actually got the money, what happened? Did you pay it back? Payday loans are illegal, as I indicated. I suggest that you read an article that I wrote on it at my website: rachelhunterlaw.com as I discussed payday loans more in depth there.

Because the loans are illegal, you cannot be sued in NC and if more than 3 years have passed since the date of your last payment on the loan then any action now would be time-barred. So I think it very unlikely that you would be sued.

I would ignore the calls. While annoying, they will stop in time. If you get any documents in the mail, you can see what the debt concerns and dispute it. If you get sued, then you should contact a lawyer and pay to have the papers reviewed.