Legal Question in Credit and Debt Law in North Dakota

Re: Bill collectors, what can they do?

Normally, a creditor cannot take a debtor's car until he, the creditor, has obtained a judgment and the debtor has not made arragements to pay the judgment.

Make sure, though, that your daughter did not sign anything giving the clinic the right to take the car if she didn't pay on time.

Better clinics have provisions for helping their patients pay bills. Perhaps your daughter should try talking to a social worker at the clinic, or to someone in the clinic's billing department.

There are federal laws which protect against over-reaching bill collectors. You can call the National Fraud Information Center, 1-800-876-7060.

You can also call the Federal Trade Commission. Consumer Response Center, Washington DC 20580, 202-326-2222 or 2502.

Ask at your local library for information about the Fair Debt Collections Practices Act, and the Fair Credit Reporting Act.

You should also contact your state attorney general's office - there is probably a department that helps consumers, and gives information about state laws to protect against unfair collection practices.

You should probably also try your local legal aid society if you cannot afford a lawyer. Also, most bar associations have panels of lawyers who are willing to work for a reduced fee. Often a letter from a lawyer will be enough.

Good luck!

Susan Freiman

The Legal Clinic

P.O. Box 9407, Herzlia Street 29