House committee substitute makes the following changes to the 1st edition:
Amends GS 58-70-35 concerning applications and permits to operate as a collection agency, raising the nonrefundable application fee to $1,250 from $1,000.
PROOF REQUIRED FOR DEBT/FEES.
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View NCGA Bill Details(link is external) | 2015-2016 Session |
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 SERVES AS PROOF OF DEBT OWED; AND TO MAKE VARIOUS RELATED CHANGES.Intro. by Collins, Szoka, R. Moore, Jeter.
Bill History:
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Wed, 1 Apr 2015 House: Filed(link is external)
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Mon, 6 Apr 2015 House: Passed 1st Reading(link is external)
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Mon, 6 Apr 2015 House: Ref To Com On Banking(link is external)
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Tue, 28 Apr 2015 House: Withdrawn From Com(link is external)
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Wed, 29 Apr 2015 House: Reptd Fav Com Substitute(link is external)
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Wed, 29 Apr 2015 House: Re-ref Com On Finance(link is external)
Bill Summaries:
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Bill H 541 (2015-2016)Summary date: Apr 29 2015 - View Summary
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Bill H 541 (2015-2016)Summary date: Apr 6 2015 - View 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.