What are collection agencies rights in NC?

[ricosha]

What is the name of your state? North Carolina

I have a question about what collection agencies can do to you in NC. I was contacted today by a collection agency over an account I did not even know was in collections. They called me at work, and said that I had a contract with their company and owe them $440.00 and do I want to make payment arrangements. Of course, I agreed, not wanting this to go on any further, and tried to arrange to make 3 payments. She comes back and says her manager will only take payment in full. I say I can not do that, as this is the first I'm aware of this problem. The manager got on the phone, screamed at me, told me if I do not pay in full in 48 hours, they are contacting my employer to verify my identity and will "proceed with processing" and hung up on me. She didn't give me her phone number, name, account number, or anything for me to even ATTEMPT to settle this. The only phone number she has for me as far as I know is my direct line at work - but, could she find the main line?

Is she bluffing about calling my employer?

It's not a government agency, so she can't garnish my wages, correct? What *CAN* she do? Can she have me served with police papers?

I fully intend to pay, I just can't in 48 hours. I was unaware this even existed - it's an account I thought was paid in full. I'm very frightened by her threats. Can anyone shed any light?

 

[howamidoing]

What is the name of your state? North Carolina

I have a question about what collection agencies can do to you in NC. I was contacted today by a collection agency over an account I did not even know was in collections. They called me at work, and said that I had a contract with their company and owe them $440.00 and do I want to make payment arrangements. Of course, I agreed, not wanting this to go on any further, and tried to arrange to make 3 payments. She comes back and says her manager will only take payment in full. I say I can not do that, as this is the first I'm aware of this problem. The manager got on the phone, screamed at me, told me if I do not pay in full in 48 hours, they are contacting my employer to verify my identity and will "proceed with processing" and hung up on me. She didn't give me her phone number, name, account number, or anything for me to even ATTEMPT to settle this. The only phone number she has for me as far as I know is my direct line at work - but, could she find the main line?

Is she bluffing about calling my employer?

It's not a government agency, so she can't garnish my wages, correct? What *CAN* she do? Can she have me served with police papers?

I fully intend to pay, I just can't in 48 hours. I was unaware this even existed - it's an account I thought was paid in full. I'm very frightened by her threats. Can anyone shed any light?

If she didnt give you a number, did you get the name of the company? If so call her and tell her to verify the debt. Anyone should be able to help you based on your name and such, or they may know who it is that called you. Most collection agents will try to scare you into paying and doing so right away. If you have no information, then wait until she calls back and tell her THEN that you want her to verify the debt. What kind of account is it? When was it? It may be passed the SOL. We need more information.

P.S. Anyone who knows, would her agreeing to make payments be considered last activity and start the SOL all over again?Or is last activity referring to payments? Just a thought. Would be nice for someone who knows to share their knowledge....Thanks

 

[ricosha]

I did get the name of the company and after doing some research found their number. I called and spoke to someone else who wasn't as mean, but certainly wasn't forthcoming with information. They verified the debt and told me that I have 48 hours to pay or they will "Continue with processing". When I asked what that meant, or entailed, he double-talked and basically kept saying they would move forward with processing. No idea what that means. He again said they could call my employer to "verify my identity" to prove they are calling the right person, and said that once it passes the 48 hour deadline that I can pay in, then he can't advise me on what may happen next because each state law is different. I asked for hypotheticals on what could happen in various states and he wouldn't say. So, I want to know a) can they call my employer; b) can they garnish my wages; c) can they arrest me or sue me?

Thanks for any help, and for your response

 

[howamidoing]

I did get the name of the company and after doing some research found their number. I called and spoke to someone else who wasn't as mean, but certainly wasn't forthcoming with information. They verified the debt and told me that I have 48 hours to pay or they will "Continue with processing". When I asked what that meant, or entailed, he double-talked and basically kept saying they would move forward with processing. No idea what that means. He again said they could call my employer to "verify my identity" to prove they are calling the right person, and said that once it passes the 48 hour deadline that I can pay in, then he can't advise me on what may happen next because each state law is different. I asked for hypotheticals on what could happen in various states and he wouldn't say. So, I want to know a) can they call my employer; b) can they garnish my wages; c) can they arrest me or sue me?

Thanks for any help, and for your response

Inform them that they have to stop contacting you at work. Im not sure if they can garnish your wages. I know there will be someone on here that will. I assume that they would have to take you to court and get a judgement first. Remember I am not sure about that.They can take you to court... Yes. Can they arrest you....No. You never did say when this debt occured or what kind of debt it is. That may help you use the Sol if you wish to go that route. Its not the noble way, but you do have that option should it qualify. Remember that they DO NOT have to accept a payment plan,but most of the time they will, after they see they havent scared you. Its better to get something than nothing.

 

[ricosha]

Thanks!

What is SOL?

The debt is a combination of two accounts - one is from 2003 and one is from 2004. The total of the two is only $440.00 but the way the called me and said the things to me she did terrified me.

It was for a short-term loan (like a payday loan) that I thought was paid back in full, but apparently it wasn't. It was an honest mistake, and I am/was willing to pay it when she called, but she wouldn't answer any questions. Only made these threats and said I have til Thursday to pay it or they'll "proceed with processing". I can't pay by Thursday and fear what they can do to me - in terms of arrest, garnishments, sueing, calling employers, etc.

Thanks again!