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Question about my first ever "Notice of Intent to File Legal Action" -- in NC


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Today I received a letter sent from an attorney in my state on behalf of a collection agency that I have never received before, and it's rather ominous-sounding/looking!  I freaked out, and then started researching online, found THIS site, and I've been reading for hours -- GREAT INFO, by the way!!! :-)

 

Anyway, I want to know what my next step should be. 

 

This letter sounds very generic, although it has all the required info in it (I think) --

1. Name of Debt Buyer

2. Address of Debt Buyer

3. Phone Number

4. Permit Number

5. Original Creditor

6. Original Account Number

7. Itemized Accounting of Amount Owed

8. Charge-off Balance

9. Attorney for (JDB)

 

It also has attached a statement from my original creditor with the charge-off balance on it (from 1 1/2yrs ago).

 

One thing that looks hokey to me is that it's signed.... "By: ____________", with an illegible signature (literally, it looks like a giant "W"), and underneath it says "Attorney at Law", instead of a name.

 

Here is the main body of the letter: (it's all in Caps, too)

"Pursuant to the provisions of the North Carolina Consumer Economic Protection Act of 2009, NOTICE IS HEREBY GIVEN that *****, LLC intends to file a legal action against ******* (me), if necessary, but no earlier than thirty (30) days from the receipt of this notice, to enforce its rights to collect on the debt currently owned by *****, LLC.  The pertinent information relating to this debt is as follows:"

 

......and then they listed the info I showed above.  The letter also has my state and county on it, and the date it was printed up.  It also has the debt "miranda" in little letters along the bottom of it.

 

The JDB is from out-of-state, and I've never responded to any of the very few letters they sent me, and they've never actually CALLED me because they don't have my current number.  They called my sister 9 months or so ago, looking for me, but she wouldn't give them any info at all, and she blocked their number from her phone when they got nasty with her.  This letter actually went to HER house (because I lived with her 3 years ago when I stopped paying this debt), but they have already been told I DO NOT live there anymore.  And the letter came First Class only, not registered or having any tracking showing proof of delivery.

 

Also, the debt is still within the SOL, but only by a few more months. (I've learned SO MUCH from reading the threads on here all day!)

 

So.....should I ignore this and see if I get an actual summons?  Should I send the lawyer and JDB a DV?  Should I send the lawyer BTO429's awesome letter from this thread, post #4 -- http://www.creditinf... legal action -- and the JDB a DV??

 

One other thing, the debt they are trying to collect isn't very much, a little more than $1000, and I don't have lots of assets or a great job.  I would be surprised that they would be willing to go through the expense of suing me for that small amount.  Although from what I've read about them online, they are underhanded and nasty, and my sister's two phone calls with them proved that!  I've read about them using illegal tactics to collect debts and harass consumers!

 

What would you guys do next?

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What would you guys do next?

 

That is such a loaded question. I would just pay the bill. Joking.

 

Who is the jdb and law firm you are dealing with?

 

 

One other thing, the debt they are trying to collect isn't very much, a little more than $1000, and I don't have lots of assets or a great job.  I would be surprised that they would be willing to go through the expense of suing me for that small amount.

 

Actually, I wouldn't be surprised at all. Because of the language in the letter that a suit is imminent, they have to file, or they will run afoul of the FDCPA.

 

If I'm correct, NC has a relatively short SOL--3 years. It will be important for you to find out exactly when you stopped paying to see if you can force the clock to run.

 

At this point, as a time extending measure, I would send a dv letter to the attorney, but I would wait until the 30 days are almost expired. And if you are close to running the clock on the SOL, I would send it CMRRR.

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They are Portfolio Recovery Assoc, and the lawyer is Sessoms & Rogers.....looking PRA up online brought up LOTS of scary stories about them trying to restart 7+ year old debts, and getting judgements without proper notice, and snatching bank accounts.....I was up half the night thinking about all this!!

 

According to my credit report, the SOL runs out in May, so they have plenty of time to file.  Not that that matters to them -- they would try to file and collect outside of the SOL, from what I've read. 

 

The OC didn't sell this debt to PRA, it's been through at least one other JDB, so that might be my best protection from them -- they doubtfully have an "unbroken chain of ownership" per NC law.  But we shall see.

 

Would it buy me time if I dispute the debt on my CR, as well as send them a DV??

 

And what should I do about the fact that they are contacting me through the wrong address?  They don't know it's my sister's address, she just told them I don't live there anymore and she doesn't know who I am.  Is there a way to use that to buy more time??

 

THANKS!

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I am not an advocate of debt validation.  If you dispute the debt or send debt validation they will obviously know that the letter reached you. 

You should tell your sister to send any correspondence back to them marking it "not at this address." 

 

Since the alleged debt has already been sold from one JDB to another if they sue then they already have one hell of an uphill battle to prove they own it.   Don't worry about it too much- you have plenty of time to keep reading this forum.  If they try pulling the antics that you say are keeping you from sleeping then they are subject to a counter suit for FDCPA violations at $1,000 a pop.

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As long as you know your rights, PRA isn't any scarier than any other of these scumbags. The good news is that you're already learning, preparing and getting ready to fight.

 

The address issue with become a problem as they will very likely try to serve you at your sisters residence. If she's in a different county that you are, that's a bigger issue.

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"One thing that looks hokey to me is that it's signed.... "By: ____________", with an illegible signature (literally, it looks like a giant "W"), and underneath it says "Attorney at Law", instead of a name."

 

Nothing hokey about it.  Even non-debt collection attorneys sign this way.  It is because they sign SO much stuff their signature becomes simplistic.  Nothing about the signature looking odd will help you so let that go.   Bigger things to worry about.

 

"The JDB is from out-of-state, and I've never responded to any of the very few letters they sent me, and they've never actually CALLED me because they don't have my current number.  They called my sister 9 months or so ago, looking for me, but she wouldn't give them any info at all, and she blocked their number from her phone when they got nasty with her."

 

Because you did not respond to their initial letter they no longer have to respond to a DV under the FCDPA.  They can but PRA will ignore you because they know there is nothing you can do about it if they do.  

 

"This letter actually went to HER house (because I lived with her 3 years ago when I stopped paying this debt), but they have already been told I DO NOT live there anymore.  And the letter came First Class only, not registered or having any tracking showing proof of delivery."

 

If she would not give them your current address and this is the only one they have they can mail the letter to her house because it was your last known address.  NOTHING and I repeat NOTHING in the FCDPA requires them to send the communications with tracking or prove that you received it.  They only need to prove they mailed it and attempted to reach you.  This no tracking of the letters won't help you either.  The only reason consumers send their letters CMRR is to have paper trail when/if a creditor, CRA, or other entity tries to claim they never received anything but it isn't required.

 

"Also, the debt is still within the SOL, but only by a few more months."

 

If it were me I would lay low and hope they don't file before the SOL expires but would not get my hopes up.  PRA is pretty aggressive about suing even on small debts.  Sending a DV now would be a waste of time and could just push them to go ahead and file.  

 

FYI:  the SOL expiring does NOT prevent them from filing suit.  It does give you an affirmed defense that you HAVE TO RAISE in court or they can proceed.  If you don't raise the expired SOL as a defense it is deemed waived and they can proceed with the suit.  

 

"One other thing, the debt they are trying to collect isn't very much, a little more than $1000, and I don't have lots of assets or a great job.  I would be surprised that they would be willing to go through the expense of suing me for that small amount."

 

Yeah, a lot consumers assume this and it is dead wrong.  The reason is that "small" amount will be come a very large amount due to post judgment interest, court costs, and attorney fees which will all be added to your debt in the judgment for you to pay.  Court costs generally around $150.  Attorney fees:  around $800-1000 depending on how long the court case takes.  Post judgment interest in NC is 10% per year which adds up quickly.  So very quickly your small debt becomes a large one that keeps accumulating more debt due to interest until you pay it off.  The SOL on judgments in NC is 10 years and they are renewable.

 

That is the bad news.  The good news is that NC is one of the few states that does not allow creditors to garnish wages for consumer debt so they cannot touch your paychecks before you get them!  (if they sue and you lose some how)  Again if it were me I would lay low and continue researching how to defend a lawsuit in case you are served.  Then if they do pursue it I would stand up to them and fight all while making sure I have a back up plan in case it doesn't go well and cancel direct deposit and arrange for paper checks from my employer so that there is no bank account for them to garnish.  Pay bills with money orders. 

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"Also, the debt is still within the SOL, but only by a few more months."

 

If it were me I would lay low and hope they don't file before the SOL expires but would not get my hopes up.  PRA is pretty aggressive about suing even on small debts.  Sending a DV now would be a waste of time and could just push them to go ahead and file.  

 

FYI:  the SOL expiring does NOT prevent them from filing suit.  It does give you an affirmed defense that you HAVE TO RAISE in court or they can proceed.  If you don't raise the expired SOL as a defense it is deemed waived and they can proceed with the suit.  

But don't forget that it is an FDCPA violation if they do file the suit after the expiration.

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Here is another wrinkle......I own the house my sister lives in.  It's in my name, and she pays the mortgage and everything.  So that is actually my address in tax records and other public records.  But HOW would they serve me since I'm not living there?  Can they serve my sister in lieu of me?  They don't know she is my sister, she can say she's my tennent.

 

Could I send a dv saying I never received any correspondence before this one, and I do not believe the debt is mine?  And actually, after looking over my CR, I DO question if they have the right debt.....I had an account with the OC, but it was never charged off.  I settled it with the OC in 2011, and not for as much as their attached bill says.  I had ANOTHER debt that was charged off for around the amount they listed, but it was a different OC.  That's the one with the SOL ending in May.  I hope they don't own that one too!

 

Also, I never received any of their first communications, I'm not even sure they sent them.  I know they did call my sister twice, she said she had no idea where I was living or how to get in touch with me, and then blocked them when they got nasty (really nasty).  They never told her anything about the debt.

 

If I don't send any DV, and then get summoned, can I dispute the debt in court and force them to provide proper documents?  Will it hurt me if they can show I never disputed the debt before they sued me?

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Ok, here is something else I just found out.....PRA has illegaly "re-aged" that debt on my credit report!  Now I can file a complaint with the FTC and the AG in their state, right?  Should I do that?  Maybe I should add that threat to any correspondence I send them (a DV).....?  

 

I haven't spent much time reading the Credit Report threads on here yet, so I'm not sure what significance that has, if any.  But they are definitely proceeding illegally on this from the start, so is there a way I can use that against them?  And now I'm even LESS sure they have the right information on the debt they claim to own.

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Here is another wrinkle......I own the house my sister lives in.  It's in my name, and she pays the mortgage and everything.  So that is actually my address in tax records and other public records.  But HOW would they serve me since I'm not living there?  Can they serve my sister in lieu of me?  They don't know she is my sister, she can say she's my tennent.

 

Could I send a dv saying I never received any correspondence before this one, and I do not believe the debt is mine?  And actually, after looking over my CR, I DO question if they have the right debt.....I had an account with the OC, but it was never charged off.  I settled it with the OC in 2011, and not for as much as their attached bill says.  I had ANOTHER debt that was charged off for around the amount they listed, but it was a different OC.  That's the one with the SOL ending in May.  I hope they don't own that one too!

 

Also, I never received any of their first communications, I'm not even sure they sent them.  I know they did call my sister twice, she said she had no idea where I was living or how to get in touch with me, and then blocked them when they got nasty (really nasty).  They never told her anything about the debt.

 

If I don't send any DV, and then get summoned, can I dispute the debt in court and force them to provide proper documents?  Will it hurt me if they can show I never disputed the debt before they sued me?

I routinely send a timely DV letter in response to a dunning letter received by a collector (lacking a dunning letter, I cannot think of a reason to send a DV letter in response to a derog on a CR). I suppose I am an advocate of DV letters.

 

I would not think it wise to send an untimely DV letter to a party that has not found my correct address on the cusp on the SOL running. Keeping a low profile, unless one is looking forward to fighting a suit, is probably the best course of action.

 

I always assume it is safe to plan on being sued. If the SOL runs I can still be sued. A lawsuit is not the end of the world. A lawsuit is apparently the only tool in a DC attorney's toolbox, so they routinely sue.

 

PRA paid around $50 for, most likely, an entry in a spreadsheet regarding an alleged debt. Their attorneys don't eat if they don't collect. Many consumers are easy to collect from. I am not.

 

Proper service of process varies from state to state. Alternatives like publication may exist. With my name on real property in the public record it would not seem like the toughest skip trace to locate the OP.

 

In court whether or not I previously disputed the debt (barring a documented violation of a federal/state statute) is not likely to be an issue. If sued I would consider the game is on.

 

Ok, here is something else I just found out.....PRA has illegaly "re-aged" that debt on my credit report!  Now I can file a complaint with the FTC and the AG in their state, right?  Should I do that?  Maybe I should add that threat to any correspondence I send them (a DV).....?  

 

I haven't spent much time reading the Credit Report threads on here yet, so I'm not sure what significance that has, if any.  But they are definitely proceeding illegally on this from the start, so is there a way I can use that against them?  And now I'm even LESS sure they have the right information on the debt they claim to own.

If PRA has illegally re-aged the alleged debt I would probably address that in court if I was sued. Trying to sort that out outside of a court of law is likely to be a futile and frustrating experience. While filing an FTC complaint may be of some value I have never had any of the multiple government agencies I have filed complaints with assist me with or prevent a lawsuit. Could it happen, I suppose, but it is not something I would bet on.

 

Believing that the best lawsuit is the one that was never filed naming me as defendant, if similarly situated, I would want to keep a low profile while saving up all the documentation that appears to be useful should a defense of a lawsuit be needed. Most consumers would want to slide though the SOL before getting the DC attorney's attention by filing complaints or DV letters, etc. YMMV

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If you own the house then they WILL SUE. You have an asset they can go after by putting a lien on it or attempting to force a sale.

 

Send a DV letter tomorrow. This will put them on notice you wont roll over.

Having been sued when sending a DV letter and when not sending a DV letter I would want to be confident that sending a DV letter that "put them on notice you wont roll over" had some beneficial effect. Perhaps in preventing a lawsuit. If I am going to be sued with or without the letter (that is untimely and lacking in much FDCPA utility) I always choose inaction over action when the result is going to be the same.

 

I suppose I have enough of my plate without adding work that can create marginal or perhaps negative results. YMMV

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@LisaDiane

 

 

Ok, here is something else I just found out.....PRA has illegaly "re-aged" that debt on my credit report!  Now I can file a complaint with the FTC and the AG in their state, right?  Should I do that?  Maybe I should add that threat to any correspondence I send them (a DV).....?  

 

I haven't spent much time reading the Credit Report threads on here yet, so I'm not sure what significance that has, if any.  But they are definitely proceeding illegally on this from the start, so is there a way I can use that against them?  And now I'm even LESS sure they have the right information on the debt they claim to own.

 

How did they reage the debt on your CR?

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Here is another wrinkle......I own the house my sister lives in.  It's in my name, and she pays the mortgage and everything.  So that is actually my address in tax records and other public records.  But HOW would they serve me since I'm not living there?  Can they serve my sister in lieu of me?  They don't know she is my sister, she can say she's my tennent.

 

If that is your legal address for taxes and public records they can sue you in that county court and it is not a violation of the FCDPA.  They can serve your sister. 

 

(1)        Natural Person. - Except as provided in subdivision (2) below, upon a natural person by one of the following:

a.         By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

b.         By delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to be served or to accept service of process or by serving process upon such agent or the party in a manner specified by any statute.

c.         By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.

d.         By depositing with a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons and complaint, addressed to the party to be served, delivering to the addressee, and obtaining a delivery receipt. As used in this sub-subdivision, "delivery receipt" includes an electronic or facsimile receipt.

e.         By mailing a copy of the summons and of the complaint by signature confirmation as provided by the United States Postal Service, addressed to the party to be served, and delivering to the addressee.

 

Could I send a dv saying I never received any correspondence before this one, and I do not believe the debt is mine?  

 

Also, I never received any of their first communications, I'm not even sure they sent them.  I know they did call my sister twice, she said she had no idea where I was living or how to get in touch with me, and then blocked them when they got nasty (really nasty).  They never told her anything about the debt.

 

If I don't send any DV, and then get summoned, can I dispute the debt in court and force them to provide proper documents?  Will it hurt me if they can show I never disputed the debt before they sued me?

 

DO NOT start lying now.  Once you start that you will find it impossible to keep up with them.  You also CANNOT lie in court.  Well you can but if caught it is far worse.  

 

If you are sued you can dispute the debt as part of your defense.  Not sending a DV now does not eliminate that right in a lawsuit.  That is why I would not DV them and let them know where you are.  I would lay low and hope it falls through the cracks and they cannot sue.

 

Ok, here is something else I just found out.....PRA has illegaly "re-aged" that debt on my credit report!  Now I can file a complaint with the FTC and the AG in their state, right?  Should I do that?  Maybe I should add that threat to any correspondence I send them (a DV).....?  

 

PRA as a JDB typically reports the date they acquired the account. That is NOT re-aging the debt.  You need to carefully read the entire entry.  DO NOT use online free credit reports they are not detailed enough.  You need to order one by mail from each of the agencies.  If the DOFD is different than the OC then they are re-aging and you gain some leverage.

 

If you file an AG or FTC complaint they will only react if they have a sufficient number of complaints from all consumers not just you.  If you file with the CFPB it could simply spur them to file suit.  You want that SOL to expire before rocking the boat.

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How did they reage the debt on your CR?

 

 

They changed the "Date Major Delinquency First Reported" date.....although, the "Date of First Delinquency" date IS the same, so I guess I read that wrong.  CRAP!  I wanted to have something against them!

 

I will order the reports by mail, like Clydesmom said.

 

I guess I just HATE "laying low" and doing nothing!  I want to drive up to the law office and demand that they prove this is really MY debt! LOL  I want them to know I'm not going to be an easy default judgement, and maybe that would make them think twice about suing me.  But I guess that doesn't really work with JDBs. 

 

I'm not counting on them letting me slip quietly past the SOL.  I'm betting they are watching that date like I am, and they aren't going to miss this chance.  Since they have not been able to contact me at all, they are probably counting on getting an easy default judgement. 

 

 

 

 

DO NOT start lying now.  Once you start that you will find it impossible to keep up with them.  You also CANNOT lie in court.  Well you can but if caught it is far worse.  

 

I'm not actually lying -- I never did receive any of their correspondence.  Whether my sister threw it away or I did without opening it, I had no idea they were trying to collect a debt from me except from my sister telling me about the phone calls.  And I'm NOT sure they have my real debt.  I've read they are notorious for trying to collect debts from people who have similar names to the real debts they purchased.  I settled with the OC in 2011, after being delinquent for awhile, so that should not have been sold to them.

 

 

THANK YOU EVERYONE for all this advice!!  I am learning and researching so much on this site, and I'm definitely not freaking out like I was yesterday!

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The letter states no earlier that 30 days, before they file suit,,,,,,give then their thirty days and file an fdcpa claim against them.

§ 807.  False or misleading representations  [15 USC 1962e]

5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

 

They threatened you and did not take the action they threatened to take. Of course they will argue that their intent was to file a suit but they just have not got around to it. But you would argue that if they really intended to take the action they would have worked on the case more and filed their suit. And the language is just a threat to get a least sophisticated consumer to pay up.

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I'm not actually lying -- I never did receive any of their correspondence.  Whether my sister threw it away or I did without opening it, I had no idea they were trying to collect a debt from me except from my sister telling me about the phone calls.  And I'm NOT sure they have my real debt.  I've read they are notorious for trying to collect debts from people who have similar names to the real debts they purchased.  I settled with the OC in 2011, after being delinquent for awhile, so that should not have been sold to them.

 

Again, they do NOT have to prove you received the correspondence only that they SENT IT to your last known address.  You are aware that they tried to mail them to you because your sister DID have them at some point.  That is all that matters.  DO NOT focus on minutia that won't help you.  It is a waste of energy.

 

I guess I just HATE "laying low" and doing nothing!  I want to drive up to the law office and demand that they prove this is really MY debt! LOL  I want them to know I'm not going to be an easy default judgement, and maybe that would make them think twice about suing me.  But I guess that doesn't really work with JDBs. 

 

I'm not counting on them letting me slip quietly past the SOL.  I'm betting they are watching that date like I am, and they aren't going to miss this chance.  Since they have not been able to contact me at all, they are probably counting on getting an easy default judgement. 

 

You can wake the sleeping bear then try to contain it or you can be planning how to attack it if it charges straight at you.  

 

If they do sue I am sure they are hoping for a default judgment.  Most JDBs are.  Once you are served getting your response and a demand for interrogatories and copies of their evidence will be more than enough notice that you won't go quietly into the night.  NO need to tip your hand yet.  Take a deep breath, have a drink and wait it out.  Get the credit reports and look for actual violations that can give you leverage for a counter claim of FCDPA violations.  Start stacking the deck in your favor should they file suit.  Then if they don't you can breathe a sigh of relief and start attacking your credit report.

 

The letter states no earlier that 30 days, before they file suit,,,,,,give then their thirty days and file an fdcpa claim against them.

§ 807.  False or misleading representations  [15 USC 1962e]

5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

 

They threatened you and did not take the action they threatened to take.

 

The OP just got the letter less than 24 hours ago. The law firm actually has until February 5th before they actually can file the suit.  They just can't file before the 30 days expires under NC law.  As long as they take that action after the 5th of Feb but before the SOL expires they are not in violation of the FCDPA.

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The OP just got the letter less than 24 hours ago. The law firm actually has until February 5th before they actually can file the suit.  They just can't file before the 30 days expires under NC law.  As long as they take that action after the 5th of Feb but before the SOL expires they are not in violation of the FCDPA.

 

Which is exactly why I feel she said wait til near the end of the 30 day validation period before she requests it. That will buy her the most time.

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North Carolina has its own debt collection laws.  The NC Collection Agency Act and the NC Debt Collection Act.  PRA must follow specific requirements under the law.  Here are some I have put in italics

 

 

 

Pursuant to N.C. Gen. Stat. § 58-70-50, a collection agency must identify itself in correspondence. The 
collection agency is required to place its permit number, true name and address on all correspondence 5
sent to consumers. If a collection agency has a properly registered trade name, both the trade name and 
legal name should appear on the correspondence.
 
There are also requirements if payment is received by the collection agency on behalf of a creditor.
Pursuant to N.C. Gen. Stat. § 58-70-70. Whenever a payment is received in cash, an original receipt or 
an exact copy thereof shall be furnished to the individual from whom the payment is received. All receipts 
issued must (1) be pre-numbered by the printer and used and filed in consecutive numerical order; (2) 
show the name, street address and permit number of the permit holder; (3) show the name of the creditor 
or creditors for whom credited; (4) show the amount and date paid; and (5) show the last name of the 
person accepting payment. Evidence of all receipts issued shall be kept in the permit holder’s office for 
three (3) years.
However, when payment is received by or on behalf of a debt buyer, no matter the form of the payment, a 
receipt must be issued meeting the above requirements, and it must also: (1) show the name of the 
creditor or creditors for whom collected, the account number assigned by the creditor or creditors for 
whom collected, and if the current creditor is not the original creditor, the account number assigned by the 
original creditor; and (2) clearly state whether the payment is accepted as either payment in full or as a 
full and final compromise of the debt, and if not, the receipt shall state clearly the balance due after 
payment is credited.
 
Special Requirements Imposed on Legal Actions Brought by Collection Agencies
Effective October 1, 2009, the State of North Carolina enacted the Consumer Economic Protection Act
which, among other things, placed special requirements on actions brought by collection agency and debt 
buyer plaintiffs. First, it is now deemed an unfair practice for a debt buyer to bring suit, initiate arbitration, 
or otherwise attempt to collect a debt without valid documentation that the debt buyer is the owner of the 
debt, as well as reasonable verification of the amount of the debt. “Reasonable verification” must include 
documentation of the name of the original creditor, the name and address of the consumer debtor as it 
appears on the original creditor’s records, the original account number, a copy of the contract or other 
document evidencing the consumer debt, and an itemized accounting of the amount claimed, including all 
fees and charges. N.C. Gen. Stat. § 58-70-115(5).
 
Before bringing suit or arbitration, a debt buyer must also give the consumer debtor written notice of the 
intent to file legal action at least thirty days in advance of filing. The written notice must include the name, 
address, and telephone number of the debt buyer, the name of the original creditor and the consumer 
debtor's original account number, a copy of the contract or other document evidencing the consumer debt, 
and an itemized accounting of all amounts claimed to be owed. N.C. Gen. Stat. § 58-70-115(6).6
Pursuant to N.C. Gen. Stat. § 58-70-145, the complaint of a collection agency plaintiff shall allege as part 
of the action that the plaintiff is duly licensed, and shall contain the name and number, if any, of the 
license and the governmental agency that issued it. In addition, the complaint of a debt buyer plaintiff 
must be accompanied by certain materials as set forth in N.C. Gen. Stat. § 58-70-150:
(1)  A copy of the contract or other writing evidencing the original debt, which must 
contain a signature of the defendant. If a claim is based on credit card debt and 
no such signed writing evidencing the original debt ever existed, then copies of 
documents generated when the credit card was actually used must be attached.
(2)  A copy of the assignment or other writing establishing that the plaintiff is the 
owner of the debt. If the debt has been assigned more than once, then each 
assignment or other writing evidencing transfer of ownership must be attached to 
establish an unbroken chain of ownership. Each assignment or other writing 
evidencing transfer of ownership must contain the original account number of the 
debt purchased and must clearly show the debtor's name associated with that 
account number.
 
Furthermore, N.C. Gen. Stat. § 58-70-155 outlines the prerequisites to enter a default judgment or 
summary judgment against a defendant. The plaintiff shall file evidence with the court to establish the 
amount and nature of the debt, and the only evidence sufficient to establish the amount and nature of the 
debt shall be properly authenticated business records that satisfy the requirements of Rule 803(6) of the 
North Carolina Rules of Evidence. The authenticated business records shall include at least all of the 
following items: (1) the original account number; (2) the original creditor; (3) the amount of the original 
debt; (4) an itemization of charges and fees claimed to be owed; (5) the original charge-off balance, or, if 
the balance has not been charged off, an explanation of how the balance was calculated; (6) an 
itemization of post charge-off additions, where applicable; (7) the date of the last payment; (8) the amount 
of interest claimed and the basis for the interest charged. 
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A Guide to defending debt collection lawsuits in NC written by Suzanne Begnoche,  a NC consumer lawyer

 

http://www.sog.unc.edu/sites/www.sog.unc.edu/files/Consumer%20Debt%20Collection%20Defense%20Basics.pdf

 

OH!!  This is GREAT!  I'm going to read it right away!!!!  THANKS!

 

 

 

Info about PRA and lawsuits filed against them for various violations

 

 

http://hamptonroads.com/2013/09/portfolio-recovery-faces-lawsuits-over-autodial-proof

 

I KNOW!  They are terrible predatory bottom-feeders!!

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Before bringing suit or arbitration, a debt buyer must also give the consumer debtor written notice of the 

intent to file legal action at least thirty days in advance of filing. The written notice must include the name, 
address, and telephone number of the debt buyer, the name of the original creditor and the consumer 
debtor's original account number, a copy of the contract or other document evidencing the consumer debt, 
and an itemized accounting of all amounts claimed to be owed. N.C. Gen. Stat. § 58-70-115(6).6
Pursuant to N.C. Gen. Stat. § 58-70-145, the complaint of a collection agency plaintiff shall allege as part 
of the action that the plaintiff is duly licensed, and shall contain the name and number, if any, of the 
license and the governmental agency that issued it. In addition, the complaint of a debt buyer plaintiff 
must be accompanied by certain materials as set forth in N.C. Gen. Stat. § 58-70-150:
(1)  A copy of the contract or other writing evidencing the original debt, which must 
contain a signature of the defendant. If a claim is based on credit card debt and 
no such signed writing evidencing the original debt ever existed, then copies of 
documents generated when the credit card was actually used must be attached.
(2)  A copy of the assignment or other writing establishing that the plaintiff is the 
owner of the debt. If the debt has been assigned more than once, then each 
assignment or other writing evidencing transfer of ownership must be attached to 
establish an unbroken chain of ownership. Each assignment or other writing 
evidencing transfer of ownership must contain the original account number of the 
debt purchased and must clearly show the debtor's name associated with that 
account number.
 

 

THIS.  I did NOT receive anything like that with my Notice of Intent to File, and with them being the last of several JDBs, I highly doubt they can provide copies of assignment showing "an unbroken chain of ownership".  I really think they picked me for this because they think I don't get the mail at the address they have, so I'll be an easy judgement for them.

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