NC Law on Statute of Limitations

[QuestioninNC]

What is the name of your state? NC
Last month I was contacted by a collection agency stating an old credit card debt was given to them for collection. The account was charged off and the last payment was 1/01. According to the statutes in NC & a conversation with a local attny, I was told that the statute of limitations in NC on credit card debt is 3 years. The collection agency states that this is incorrect & that I have a "written contact" with them which is 5 years and I have been incorrectly informed by the attny who is confusing it with an "oral contact." Additionally, my last conversation with the collection agency was not pleasant in that they told me that I could be charged with fraud for not agreeing to pay. I told them that I had sent the validation letter and that I was disputing this debt since the SOL had run. What specifically should I be looking forward to now? Isn't it against the FDCPA for them to threaten me with fraud? Any advice is appreciated. Thanks.

 

[cmorris]

The CA is lying! Credit cards are OPEN accounts, not written contracts as per the Truth in Lending Act (which is federal law). The CA cannot tell you this is fraud when there is none.

In your validation letter, did you send it certified mail, return receipt? If not, send another one out disputing the alleged debt. If you have proof it is out of SOL, include a full cease and desist. If you don't have proof, tell them to only contact you by mail. Wait for validation, if they ever send it. If this is on your credit reports, also send a dispute letter to the credit bureaus certified mail return receipt AFTER you get your green card back.

NC is also a 1-party state when it comes to recording phone calls. Go to Radio Shack and pick up a device to record them. Next time this CA calls, record the conversation (for proof). Don't tell them you are recording.

The CA is full of it. Don't fall for their lies.