Bill Summary for S 511 (2015-2016)

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Summary date: 

Mar 27 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 511 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ALLOW COLLECTION ONLY WHERE ADEQUATE PROOF OF INDEBTEDNESS PROVIDED; TO CONFORM TO FEDERAL LAW; TO AID DEBTORS IN IDENTIFYING ACCOUNT OWNERS TO RESOLVE CREDIT ISSUES; TO SPECIFY THAT A CHARGE-OFF STATEMENT SERVE AS PROOF OF DEBT OWED; AND TO MAKE VARIOUS RELATED CHANGES.
Intro. by Lee, Brown.

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Bill summary

Amends North Carolina’s unfair debt collection practices provisions, GS 58-70-115, to require (1) an itemized accounting for debts that have been charged off, including a list of all fees and interest and (2) notice to the debtor if the debt that is being collected is time-barred.  Notice for time-barred debts must include the statement that the creditor will not sue the debtor and, if the debt is past the obsolescence date created by the federal Fair Credit Reporting Act, 15 U.S.C. 1681(c), the statement that the creditor will not report the debt to any credit reporting agency. Amends the prerequisites to entering a default or summary judgment against a debtor mandated by GS 58-70-155 to include additional items relating to post charge-off payments, credits, fees, and interest. Effective October 1, 2015.