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Debt Collection and Mortgage Servicing Litigation

Stubbs & Perdue has extensive experience in debt collection litigation, and frequently defends borrowers in court against the unfair, deceptive, and misleading collection actions of banks, mortgage companies, mortgage servicers, collection agencies, credit unions, credit card companies, landlords, insurance companies, and other creditors, in state and federal courts across the State of North Carolina.   These matters involve a wide variety of claims, including those for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), the North Carolina Unfair and Deceptive Trade Practices Act (“UDTPA”), the North Carolina Debt Collection Act (“NCDCA”), the North Carolina Collection Agency Act (“NCCAA”), the Fair Credit Reporting Act (“FCRA”), the Real Estate Settlement Procedures Act (“RESPA”), the Truth in Lending Act (“TILA”), the Consumer Credit Protection Act (the “CCPA”), and the Telephone Consumer Protection Act (“TCPA”). Stubbs & Perdue, on behalf of its clients, has prosecuted civil actions against some of the largest and most sophisticated financial institutions, mortgage servicers, credit unions, collection agencies, and creditors in the United States of America.

Typical situations protected by federal and state laws and regulations prohibiting unfair and deceptive debt collection methods, include:

  1. Assessing and charging improper and unwarranted late fees, expenses, interest, and other unexplained fees to your mortgage loan.
  2. Providing false, inaccurate, misleading, and incorrect information in letters, mortgage statements, or other written documents sent to you by your lender or mortgage servicer.
  3. Failing to properly credit and apply payments.
  4. Threatening to garnish your wages or prosecute you criminal if you do not make a payment.
  5. Attempting to collect a debt that is barred by the statute of limitations.
  6. Attempting to collect a debt that was previously paid and satisfied.
  7. Filing a lawsuit that is barred by the statute of limitations.
  8. Disclosing the existence, amount, status, or any information relating to a debt to a third party.
  9. Attempting to collect a debt that has been discharged as party of a previous bankruptcy case.
  10. Failing to identify themselves as a debt collector, that they are attempting to collect a debt, and any information obtained will be utilized for that purpose.
  11. Threating to take legal action and file a lawsuit to collect the debt, with no intention of taking said legal action.
  12. Utilizing misleading or confusing language in any written or telephonic communications, letters, notices, and statements.
  13. Calling during normal sleeping hours or at times you have told them not to call you.
  14. Reporting or threatening to report to credit reporting agencies false, inaccurate, and incorrect information about the debt.

Stubbs & Perdue has reached favorable resolutions of such matters on behalf of a number of its individual clients.

Our Offices
  • New Bern
    310 Craven Street,
    P.O. Box 1654
    New Bern, North Carolina 28563
    Phone: 1-800-348-9404
  • Raleigh Office
    9208 Falls of Neuse Road
    Suite 201
    Raleigh, North Carolina 27615
    Phone: 919-870-6258
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