Legal Question in Credit and Debt Law in North Carolina

If a collection agency calls your supervisor and how much information are they entitled to give her? A collection agency called and talked to my supervisor and told her that I had committed a fraudulent act by posting her name on an application. My supervisor was only listed because the application asked for your supervisor name. And they went on to tell the supervisor that they were going to serve papers on me on my job and she and a co-worker whom i listed as a friend could be subpoenaed. Did they have the legal right to tell them all that?


Asked on 3/14/11, 10:51 am

1 Answer from Attorneys

No. They should not be talking to your employer at all and they definitely should not be discussing your debts with a third-party. And even if you listed this on the application for credit, unless you specifically authorized them to talk to your supervisor they cannot do it under the FDCPA and NC law.

There is no fraud that I can see, but I would have to see a copy of the application. And even if there was fraud, that is not the collection agency's concern.

I would ask, if they are licensed in NC and what is their number? (Verify at NC Dept. of Insurance and file a complaint if they are not licensed.)

I would tell them that your employer does not allow them to take personal calls at work and have your supervisor tell them the same thing. Use the magic words "my employer does not allow me to get personal calls at work."

Tell them that they have violated the FDCPA as well as NC law by discussing your debts with third parties.

Hang up.

How much do you owe? You may be able to use the violation to offset what you owe. If you owe a lot of money, then itmay not help very much.

Your situation really needs evaluated by an attorney. I am not employed by this firm, but they specialize in FDCPA violations, they have affiliations with NC attorneys and best of all, there generally is no fee if they take your case.

I would check them out.

http://www.krohnandmoss.com/

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Answered on 3/14/11, 11:28 am


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