§ 58-70-110 – Deceptive representation.
58-70-110. Deceptive representation. No collection agency shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such representations include, but are not limited to, the following: (1) Communicating with the consumer other than in the name of the person making the communication, the collection […]
§ 58-70-115 – Unfair practices.
58-70-115. Unfair practices. No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following: (1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared […]
§ 58-70-120 – Unauthorized practice of law; court appearances.
58-70-120. Unauthorized practice of law; court appearances. Neither a collection agency nor any representative thereof who is not a duly licensed attorney shall engage in the practice of law. As used in this section, "practice of law" includes the preparation of warrants or subpoenas. A collection agency’s representative is prohibited from appearing in court on […]
§ 58-70-125 – Shared office space.
58-70-125. Shared office space. The office of a collection agency shall not be shared or have a common waiting room with a practicing attorney or any type of lending institution. The office may be located in a private residence only if it is solely for business purposes, has an outside entrance and can be isolated […]
§ 58-70-130 – Civil liability.
58-70-130. Civil liability. (a) Any collection agency which violates Part 3 of this Article with respect to any debtor shall be liable to that debtor in an amount equal to the sum of any actual damages sustained by the debtor as a result of the violation. (b) Any collection agency which violates Part 3 of […]
§ 58-70-145 – Complaint of a collection agency plaintiff must contain certain allegations.
58-70-145. Complaint of a collection agency plaintiff must contain certain allegations. In any cause of action that arises out of the conduct of a business for which a plaintiff must secure a permit pursuant to this Article, the complaint shall allege as part of the cause of action that the plaintiff is duly licensed under […]
§ 58-70-150 – Complaint of a debt buyer plaintiff must be accompanied by certain materials.
58-70-150. Complaint of a debt buyer plaintiff must be accompanied by certain materials. In addition to the requirements of G.S. 58-70-145, in any cause of action initiated by a debt buyer, as that term is defined in G.S. 58-70-15, all of the following materials shall be attached to the complaint or claim: (1) A copy […]
§ 58-70-155 – Prerequisites to entering a default or summary judgment against a debtor under this Part.
58-70-155. Prerequisites to entering a default or summary judgment against a debtor under this Part. (a) Prior to entry of a default judgment or summary judgment against a debtor in a complaint initiated by a debt buyer, the plaintiff shall file evidence with the court to establish the amount and nature of the debt. (b) […]
§ 58-70-90 – Definitions.
58-70-90. Definitions. As used in this Part, the following terms have the meanings specified: (1) "Collection agency" means a collection agency as defined in G.S. 58-70-15 which engages, directly or indirectly, in debt collection from a consumer. (2) "Consumer" means an individual, aggregation of individuals, corporation, company, association, or partnership that has incurred a debt […]
§ 58-70-95 – Threats and coercion.
58-70-95. Threats and coercion. No collection agency shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce. Such unfair acts include, but are not limited to, the following: (1) Using or threatening to use violence or any […]