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) The only evidence sufficient to establish the amount and nature of the debt shall be properly authenticated business records that satisfy the requirements of Rule 803(6) of the North Carolina Rules of Evidence. The authenticated business records shall include at least all of the following items:
(1) The original account number.
(2) The original creditor.
(3) The amount of the original debt.
(4) An itemization of charges and fees claimed to be owed.
(5) The original charge-off balance, or, if the balance has not been charged off, an explanation of how the balance was calculated.
(6) An itemization of post charge-off additions, where applicable.
(7) The date of last payment.
(8) The amount of interest claimed and the basis for the interest charged. (2009-573, s. 8; 2011-326, s. 7.)
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.