North Carolina General Statutes
Article 70 - Collection Agencies.
§ 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 funds shall remain in the trust account until remitted to the creditor or forwarder, and shall not be commingled with any other operating funds. The trust account shall be used only for the purpose of:
(1) Remitting to collection creditors or forwarders the proceeds to which they are entitled.
(2) Remitting to the collection agency the commission that is due the collection agency.
(3) Reimbursing consumers for overpayments.
(4) Making adjustments to the trust account balance for bank service charges.
(b) No refund for overpayment by a debtor in an amount of less than one dollar ($1.00) is required.
(c) Each permit holder located outside this State shall deposit in a separate trust account, designated for its North Carolina creditors, funds to pay all monies due or owing all collection creditors or forwarders located within this State. In the case of alien corporations that are permit holders, the trust account must be established with a bank located in the United States or in any bank approved by the Commissioner. (1979, c. 835; 1989, c. 441, s. 10; c. 770, s. 52; 1991, c. 644, s. 23; 1993 (Reg. Sess., 1994), c. 678, s. 31; 2006-134, s. 3.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 58 - Insurance

Article 70 - Collection Agencies.

§ 58-70-1 - Permit from Commissioner of Insurance; penalty for violation; exception.

§ 58-70-5 - Application to Commissioner for permit.

§ 58-70-6 - Definitions.

§ 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.

§ 58-70-40 - Restraining orders; criminal convictions; permit revocations; other permit requirements.

§ 58-70-45 - Disposition of permit fees.

§ 58-70-50 - All collection agencies to identify themselves in correspondence.

§ 58-70-55 - Office hours.

§ 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.

§ 58-70-90 - Definitions.

§ 58-70-95 - Threats and coercion.

§ 58-70-100 - Harassment.

§ 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.

§ 58-70-155 - Prerequisites to entering a default or summary judgment against a debtor under this Part.