Bill Summary for S 511 (2015-2016)

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Summary date: 

Apr 28 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

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 58-70-115 as follows. Amends (8) and (9) to add that those provisions apply when the collection agency is a debt buyer or is acting on behalf of a debt buyer when collecting or attempting to collect on a time-barred debt where the debt is not past the date for obsolescence. Makes additional clarifying changes.

Amends GS 58-70-155 to provide that the only evidence sufficient to establish the amount and nature of the debt are the documents containing at least the specified items (deletes the provision requiring properly authenticated business records that satisfy Rule 803(6) of the North Carolina Rules of Evidence). Amends the items that must be included in the document to no longer require an itemization of charges and fees claimed to be owed, and clarifies that the amount of post-charge off interest claimed is to be included. 

Adds a new section enacting GS 58-70-117 as follows. Provides that if a consumer provides written notification to a debt collector that the consumer refuses to pay a debt or that the consumer want the debt collector to cease further communication with the consumer, the collector is prohibited from communicating further with the consumer concerning the debt except to (1) advise the consumer that the debt collector's further efforts are being terminated; (2) notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked; and (3) notify, where applicable, the consumer that the debt collector or creditor intends to invoke a specified remedy.