Debt Collection Defense

Debt comes in many forms: credit cards, charge cards, medical bills, consumer loans, accounts receivable, etc. Unfortunately, circumstances often occur that lead to the account holder being unable to continue to make the required payments on the account. If you find yourself in this situation, you may feel embarassed, pressured, threatened, isolated, or more.

Across the United States, there are companies and investment groups (typically referred to as debt buyers) that routinely purchase delinquent and "past due" accounts and seek to recovery the money. They may send threatening letters or place phone calls to you and, eventually, have their lawyer sue you to collect on the account. In today's challenging economy, companies and creditors are becoming more aggressive in their efforts to collect on debts----valid and invalid. A disturbing trend is that of "zombie debt" cases in which creditors pursue cases where the debt is several years old and sometimes even barred by the applicable statute of limitations.

There are federal and state laws that protect your rights and establish rules for how debt collectors can contact you and deal with you regarding your debts. The O'Neal Law Office represents individuals who have been sued by debt collectors. Contact Attorney John O'Neal for a free initial consultation to discuss your case.

What to do if you are sued....

If you receive any legal papers from a sheriff or any document that has words such as "Summons" or "Complaint", do not place the documents to the side or throw them away! This is the WORST thing you can do. Even if the debt/account covered in the lawsuit is time-barred by the statute of limitations, you must respond to the lawsuit to raise this and any other defenses available to you. In some cases, you may have counterclaims which could result in reducing or cancelling the debt and possibly even money damages to you and the recovery of attorneys' fees. Your failure to respond to the lawsuit serves as an admission of the facts in the lawsuit and could lead to the entry of a default judgment against you. In North Carolina, a judgment is valid for 10 years and can have a detrimental effect on your credit rating and your future ability to purchase goods and services.

An experienced lawyer can...

  • determine if the debt collector has the proof and documentation required under North Carolina law
  • determine if the debt collector is contractually entitled to recover interest and attorney's fees and, if so, at what rate
  • fight for you if you are being wrongfully pursued regarding a debt
  • help you determine if you have valid defenses and valuable counterclaims to the lawsuit
  • negotiate a reduction or, in certain circumstances, foregiveness of the debt

If you have been sued due to an unpaid consumer debt, contact Attorney John O'Neal to discuss your case.

Fair Debt Collection Practices Act

You may receive letters and phone calls from collection agencies and/or their attorneys. Tread carefully here especially when it has been many years since you made any payments or purchases/charges to the account. Certain action taken by you could "restart the clock" regarding the rights of the debt collector. Before you try to negotiate with a collection agency or a law firm regarding your debt, you should consult with an experienced attorney.

Tips for dealing with debt collectors

◘ Whenever you speak with a debt collector record the following information:

  • Date and time of the conversation
  • Approximate length of the conversation
  • Name and phone number of debt collection agency or company
  • Name of person(s) with whom you spoke
  • General nature of conversation (did the person make any threats? What was the amount of the account and any late charges?)

◘ Save all voicemails, recorded messages, text messages, letters, faxes, e-mails, and any other written communication---including any envelopes---you receive from debt collectors

◘ If you dispute any part of the debt, tell the debt collector in a simple letter. In your letter, state that you dispute the debt and want written verification of the debt. Your letter need not mention any specific laws or threaten legal action. Send your letter via certified mail, return receipt requested and keep a copy of your letter.

◘ Do not become abusive or use profane language, threats, or other intimidation tactics when speaking with debt collectors.

NOTE: If a debt collector violates the FDCPA, you may be entitled to recover actual damages, statutory damages of up to $1,000, and attorney's fees and court costs, if you win your case. Under North Carolina's state debt collection laws, collectors who harass consumers may additionally be responsible for actual damages, up to $4,000 in statutory damages, and attorney's fees and court costs.

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The O'Neal Law Office has served clients across the state of North Carolina including but not limited to Ahoskie, Asheboro, Boiling Springs, Burlington, Chapel Hill, Charlotte, Durham, Eden, Forest City, Graham, Greensboro, Greenville, Hamlet, Hickory, High Point, Hillsborough, Hubert, Jamestown, Lawndale, Kernersville, Kinston, LaGrange, Laurinburg, Lexington, Lincolnton, Lumberton, Maiden, Manteo, Marion, Morehead City, Morrisville, Nashville, New Bern, Newton, Pelham, Raleigh, Reidsville, Rockingham, Rocky Mount, Rutherfordton, Salisbury, Snow Hill, Statesville, Tarboro, Taylorsville, Thomasville, Trenton, Wadesboro, Wilmington, Wilson, and Winston-Salem. The O'Neal Law Office has also represented clients from the states of California, Florida, Georgia, Maryland, New Jersey, New York, Ohio, Pennsylvania, and Virginia.

O'Neal Law Office
7 Battleground Court
Suite 212
Greensboro, NC 27408
Phone: 336-510-7904
Fax: 336-510-7965