§ 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) […]
§ 58-70-60 – Statements to be furnished each collection creditor.
58-70-60. Statements to be furnished each collection creditor. (a) Acknowledgment of Accounts. – When any account is received for collection, the permit holder shall upon request furnish the collection creditor or forwarder with a written listing or acknowledgment of the accounts received. (b) Remittance Statements. – Each permit holder shall remit all moneys due to […]
§ 58-70-65 – Remittance trust account.
58-70-65. Remittance trust account. (a) Each permit holder shall deposit, no later than two banking days after receipt, in a separate trust account in any bank located in North Carolina or in any other bank approved by the Commissioner, sufficient funds to pay all moneys due or owed to all collection creditors or forwarders. The […]