§ 58-70-70 – Receipt requirement.
58-70-70. Receipt requirement. (a) Whenever a payment is received in cash from a debtor, forwardee, or other person, an original receipt or an exact copy thereof shall be furnished the individual from whom payment is received. Evidence of all receipts issued shall be kept in the permit holder’s office for three years. All receipts issued […]
§ 58-70-75 – Creditor may request return of accounts.
58-70-75. Creditor may request return of accounts. The written request of a creditor or forwarder for the return of any account which is not in the actual process of collection shall be complied with by the permit holder in writing within a reasonable length of time, but in any event not to exceed 60 days. […]
§ 58-70-80 – Return of accounts and all valuable papers upon termination of permit.
58-70-80. Return of accounts and all valuable papers upon termination of permit. Whenever the permit of a collection agency is revoked, cancelled, or terminated for any reason, all accounts and valuable papers placed with the agency for collection shall be returned to the person placing the account for collection within five days of the termination […]
§ 58-70-85 – Application of funds where there is a debtor-creditor relationship.
58-70-85. Application of funds where there is a debtor-creditor relationship. If a creditor has listed accounts with a permit holder for collection and also has had accounts on which he is debtor listed with the permit holder by any other creditors, collections effected in his behalf as a creditor may not be applied on accounts […]
§ 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 […]
§ 58-70-100 – Harassment.
58-70-100. Harassment. No collection agency shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt. Such conduct includes, but is not limited to, the following: (1) Using profane or obscene language, or language that would ordinarily abuse the typical […]
§ 58-70-105 – Unreasonable publication.
58-70-105. Unreasonable publication. No collection agency shall unreasonably publicize information regarding a consumer’s debt. Such unreasonable publication includes, but is not limited to, the following: (1) Any communication with any person other than the debtor or his attorney, except: a. With the permission of the debtor or his attorney; b. To persons employed by the […]
§ 58-70-10 – Application to Commissioner for permit renewal.
58-70-10. Application to Commissioner for permit renewal. Any person, firm, corporation or association desiring to renew a permit issued pursuant to G.S. 58-70-5 shall make application to the Commissioner of Insurance not less than 30 days prior to the expiration date of the then current permit. Such renewal applicant shall be entitled to a renewal […]
§ 58-70-15 – Definition of collection agency and collection agency business.
58-70-15. Definition of collection agency and collection agency business. (a) "Collection agency" means a person directly or indirectly engaged in soliciting, from more than one person delinquent claims of any kind owed or due or asserted to be owed or due the solicited person and all persons directly or indirectly engaged in the asserting, enforcing […]