Debt and Credit Protection
DYE CULIK PC is a Charlotte, North Carolina law firm that helps businesses and consumers when dealing with debt and credit. Because your business and personal debt and credit can impact the success of your business, having the right advocate to navigate these areas can be a tremendous asset. Most debts can be negotiated for less than the claimed balance, or paid off over time. Our North Carolina attorneys are experienced in dealing with debt collectors, debt lawsuits, and inaccurate credit reports. On behalf of consumers and business owners, we have brought litigation against all of the major credit reporting agencies, as well as most major banks and financial institutions.
Have questions about how we can help your business? We're happy to meet with you at either your office or ours.
We can help with your business or personal debt or credit in the following areas:
This is often a simple way to deal with a creditor seeking payment. DYE CULIK PC will negotiate with creditors and debt collectors to seek a fair settlement for you personally or for your business.
Defending Debt Collection Lawsuits
Debt collection lawsuits often occur after an account has gone unpaid for a period of time. Under North Carolina court rules, you typically only have 30 days to respond, after which a court judgment can be obtained against you. DYE CULIK PC handles collection lawsuits and will make collectors prove every element of their case.
Sometimes debts are collected by original creditors, such as vendors, credit card companies, and banks. Other times, these accounts are sold to companies called “debt buyers,” which are a type of debt collector that purchase and collect debt, although they don’t issue credit in the first place.
Businesses have fewer protections than consumers, but are nevertheless protected under laws against things like harassment, stalking, assault, and trespassing.
Debt Collection Rights
For consumers, the North Carolina Debt Collection Practices Act (NCDCPA) has a wide array of protections against unfair and harassing debt collectors. The federal Fair Debt Collection Practices Act (FDCPA) also prohibits debt collectors from engaging in abusive debt collection tactics. The penalty for violating these laws is up to $4,000 under the North Carolina debt-collection law, and up to $1,000 under the FDCPA.
Unlike many law firms, our solutions do not involve filing for bankruptcy. Our firm has been able to settle hundreds of cases. In many instances, we have been able to get debt-collection lawsuits dismissed outright.
Whether the debt is just in collections, or has been referred to a debt-collection law firm, we’d be glad to talk to you.
Correcting Inaccurate Credit Reports
The law says that credit reporting agencies must not put information in your credit report that is inaccurate or misleading. Nevertheless, reports estimate that about 1 in 4 Americans have credit report errors. There are three major credit reporting agencies, Equifax, Experian, and TransUnion, and numerous smaller ones.
Sometimes these errors are because the credit reporting agencies are careless about the information they allow to be published in your credit report. Sometimes it is because the furnishers of information, such as credit card companies and banks, send inaccurate information to the credit bureaus.
In either case, the Fair Credit Reporting Act governs individuals’ credit reports, and allows for actual damages, statutory damages, punitive damages, costs, and attorney’s fees in the even you are successful at trial in holding a credit bureau of furnisher of information responsible for credit reporting violations.
There are numerous legal hoops that have to be jumped through to fix your credit report, though, including sending legally compliant requests for reinvestigation and providing information that would require the report be fixed. Our firm can help do disputes correctly, the first time, to make sure that your credit is repaired.
If it’s not fixed, it is important to know your rights and litigate to protect those rights.