Legal Question in Credit and Debt Law in North Carolina
My wife is accused of revieving a loan she never did and is now being told to go to court for collection. I dont have any real information on the loan because the gentleman who contacts her tells her that she owes for a loan and trys to collect without informing her what it was for, how much, and such. This last time he contacted her he told her that she needed to go to court on monday and then blocked the phone number from calling, when we tried to call from our cell phones he blocked those as well. Was wondering what we could do.
1 Answer from Attorneys
This sounds an awful lot like a payday lender. If it is, then payday lending is illegal in NC.
It may be that somebody who knows your wife took out a payday loan in her name. Or it could be that if you have a relatively common name that the lender is trying anyone with the same or similar name and they just tagged your wife rather than the real debtor.
Your wife has nothing to worry about. People don't get phone called to come to court. Either the sheriff serves you with a complaint or it comes by certified mail. And you don't get 2 days notice either. So unless something like this happens, don't worry.
Next time the guy calls, you should pretend that you will make a payment and get a name of a company and a physical address - don't admit this is your wife's debt - just ask them where to send the payment. Then contact the state attorney general and give them as much information as possible.
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