Legal Question in Credit and Debt Law in North Carolina
I had a car repossessed 3yrs ago now the company is harrassing me at work, calling my supervisor giving information. Is this legal?
1 Answer from Attorneys
Yes. The company is probably not calling you, but a debt collector. Either way its legal UNTIL you tell the creditor or debt collector, in writing, not to contact you at work as your employer does not allow you to take personal calls. And neither can speak to your supervisor about your debt.
Even though the car was repossessed and sold, are you sure about the timing? Any cause of action for the balance would start to run from the time that the car was sold and you were notified of the deficiency.
The statute of limitations in North Carolina for most things is 3 years, but this might arise under the Commercial Code which has a 4 year statute. Was the car loan created in North Carolina or elsewhere?
What I would do is send them a written letter asking them not to contact you at work because your employer does not allow you to get personal calls at work and to demand proof of your financial responsibility for the debt (called verification) as well as an itemized statement of the balance owed on the car, the sale proceeds, collection costs, etc. Writing to them and asking for information precludes a debt collector from calling you while they are trying to respond.
Stall for as much time as you can since you are close to having the statute of limitations expire. Once it expires, it is doubtful as to whether they can sue you in North Carolina. Do not pay them unless you are trying to obtain credit and need to get this off your credit report.
If they sue you prior to expiration of the statute of limitations, then consult a litigation attorney as you might have grounds to oppose the lawsuit.
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