PROOF REQUIRED FOR DEBT/FEES.

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View NCGA Bill Details2015-2016 Session
House Bill 541 (Public) Filed Wednesday, April 1, 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 SERVES AS PROOF OF DEBT OWED; AND TO MAKE VARIOUS RELATED CHANGES.
Intro. by Collins, Szoka, R. Moore, Jeter.
Status: Re-ref Com On Finance (House Action) (Apr 29 2015)

Bill History:

H 541

Bill Summaries:

  • Bill H 541 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    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.

    Banking and Finance
    GS 58
  • 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.

    Banking and Finance
    GS 58
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