I received a threat to file legal action from a debt collector. It looks like it came from a debt collection law office? At the bottom it says “This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector.” “Notice of intent to file legal action. Before it brings a suit against you to collect on this debt, North Carolina law requires the debt buyer to give you this written notice of its intent to file a legal action at least 30days in advance of filing. Should you wish to discuss resolution of this matter, please contact this law firm at (phone number).
You need to investigate and figure out whether you legitimately owe someone some money, and if so, whom and how much, to make sure you are not being scammed. Sometimes these debt collectors buy old "debt" and cannot actually win the case in court because the statute of limitations has run. Sometimes the debt was actually paid but they are trying to get you to pay it a second time. That happened to me not too long ago. Don't acknowledge owing any debt if you happen to talk to these guys as that will start the statute of limitations all over again.
This answer is intended as general information and not as specific legal advice.
How can you guess the mind of another person? You cannot other than by past conduct.
Under Federal and North Carolina law, debt collectors (people or businesses whose purpose is to collect debts owed to someone else) will place that, or a similar, disclaimer in all letters in which they communicate with a debtor.
If you are uncertain about the debt they are seeking to collect, or whether the communication is valid, you have the right to send a letter asking for verification of the debt. If you send the letter within 30 days of getting the notice, the debt collector has to send you written verification of the debt. You can also send a letter telling the debt collector to cease contacting you (although, if you owe the debt, you might be forcing them to file a lawsuit).
You have a charged off account that was sold to a "debt buyer". The debt buyer is required by North Carolina law to send that letter to you and give you a right to dispute the debt before they sue. In my experience, most of the time the debt buyer files suit after sending this letter, but sometimes they do not if the amount is less than $1,000.00. If the letter is from a law firm with an office in North Carolina or has an attorney licensed in North Carolina this is definitely legitimate - and is not a scam. I have seen hundreds and hundreds of these letters. Take it seriously. I suggest you have a consultation with a consumer bankruptcy attorney to determine your bankruptcy and non bankruptcy options to deal with all of your debt. If you just focus on this one and settle it but have other accounts in default/collection, you are not looking at "the big picture".
This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.
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