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 of the contract or other writing evidencing the original debt, which must contain a signature of the defendant. If a claim is based on credit card debt and no such signed writing evidencing the original debt ever existed, then copies of documents generated when the credit card was actually used must be attached.
(2) A copy of the assignment or other writing establishing that the plaintiff is the owner of the debt. If the debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain the original account number of the debt purchased and must clearly show the debtor's name associated with that account number. (2009-573, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 70 - Collection Agencies.
§ 58-70-1 - Permit from Commissioner of Insurance; penalty for violation; exception.
§ 58-70-5 - Application to Commissioner for permit.
§ 58-70-10 - Application to Commissioner for permit renewal.
§ 58-70-15 - Definition of collection agency and collection agency business.
§ 58-70-20 - Bond requirement.
§ 58-70-25 - Record of business in State.
§ 58-70-30 - Hearing granted applicant if application denied; appeal.
§ 58-70-35 - Application fee; issuance of permit; contents and duration.
§ 58-70-45 - Disposition of permit fees.
§ 58-70-50 - All collection agencies to identify themselves in correspondence.
§ 58-70-60 - Statements to be furnished each collection creditor.
§ 58-70-65 - Remittance trust account.
§ 58-70-70 - Receipt requirement.
§ 58-70-75 - Creditor may request return of accounts.
§ 58-70-80 - Return of accounts and all valuable papers upon termination of permit.
§ 58-70-85 - Application of funds where there is a debtor-creditor relationship.
§ 58-70-95 - Threats and coercion.
§ 58-70-105 - Unreasonable publication.
§ 58-70-110 - Deceptive representation.
§ 58-70-115 - Unfair practices.
§ 58-70-120 - Unauthorized practice of law; court appearances.
§ 58-70-125 - Shared office space.
§ 58-70-130 - Civil liability.
§ 58-70-145 - Complaint of a collection agency plaintiff must contain certain allegations.
§ 58-70-150 - Complaint of a debt buyer plaintiff must be accompanied by certain materials.