58 70 115. Unconscionable means. No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver; How would you interpret this: "An acknowledgement of any debt barred by the statute of limitations" I have 3 collections (sprint and medical) with the date of 1st delinquency being 04/2000, 11/2000 and are paid in full. They were paid in 1 lump sum 05/2005 which was after the SOL in NC. Did I reset the SOL and "acknowledge" the debt by paying them? I have read our Statutes so many times this past week my head hurts and confused as heck! Is there anyway I could use the above statute to my advantage against the CA? I'm trying to get these collections deleted off of my CR, I have disputed and they came back verified.
If they were paid in full, are they showing that, with no balance, on your CRs? It appears the NC statute makes it illegal for a CA to try to get the debtor to "acknowledge" a debt past SOL (or dismissed in bankruptcy), restarting the SOL, without disclosing the consequences, that a debt that was no longer collectible thru the courts would now become collectible in court. However, I am not an attorney. I presume that what you are trying to determine is if a CA gets, say, a partial payment on a debt, if that resets the SOL, and if doing so after the original SOL has passed without disclosing the consequences to the debtor fits within the NC law's prohibition. Interesting question. There must be some department in NC state government that could answer that for you.
