Unlicensed collection in NC is a FELONY

Posted by begoodorelse (172.152.168.220) on January 29, 2004 at 13:01:30:

In Reply to: Re: information on ca or cc suing please posted by J Kelly on January 29, 2004 at 12:29:24:

Not that they ever enforce it, but NC General Statute §58-70-1 requires a CA permit, and collecting or attempting to collect debt in NC without one is a Class I felony. Nice, but (1) that's the lowest felony class and it would invariably be put on deferred prosecution and eventually dismissed unless the defendant had a huge criminal history, and (2) I've never heard of it being actually prosecuted anyway. But do complain to the NC Dept of Insurance, and check their website for a current list of license holders, and if they don't appear, NCDOI will send a nasty letter to the offending CA. There is an exception for law firms collecting others' debts (not those who buy debt for themselves) but the statute isn't clear whether it means only NC lawyers, or lawyers admitted anywhere, and I don't know of any appellate cases. However, I'm about to sue JBC & Associates (again! they never learn), which does somewhere have real lawyers in the back office, though none is admitted in NC, so we might be the test case.

Follow Ups:

Post a Followup