25A-29. Default charges.
(a) If any installment is past due for 10 days or more according to the original terms of the consumer credit installment sale contract, a default charge may be made in an amount of fifteen dollars ($15.00). A default charge may be imposed only one time for each default.
(b) If a default charge is deducted from a payment made on the contract and the deduction results in a subsequent default on a subsequent payment, no default charge may be imposed for the default.
(c) If a default charge has been once imposed with respect to a particular default in payment, no default charge shall be imposed with respect to any future payments which would not have been in default except for the previous default.
(d) A default charge for any particular default shall be deemed to have been waived by the seller unless, within 45 days following the default, (i) the charge is collected or (ii) written notice of the charge is sent to the buyer. (1971, c. 796, s. 1; 2017-45, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25A - Retail Installment Sales Act
§ 25A-2 - "Consumer credit sale" defined.
§ 25A-3 - "Payable in installments" defined.
§ 25A-7 - "Cash price" defined.
§ 25A-8 - "Finance charge" defined.
§ 25A-9 - "Amount financed" defined.
§ 25A-10 - "Official fees" defined.
§ 25A-11 - "Revolving charge account contract" defined.
§ 25A-12 - "Consumer credit installment sale contract" defined.
§ 25A-13 - "Consumer Credit Protection Act" defined.
§ 25A-14 - Finance charge rates and service charge for revolving charge account contracts.
§ 25A-15 - Finance charge rates for consumer credit installment sale contracts.
§ 25A-16 - Transfer of equity.
§ 25A-17 - Additional charges for insurance.
§ 25A-18 - Confession of judgment.
§ 25A-20 - Disclaimer of warranty.
§ 25A-22 - Receipts for payments; return of title documents upon full payment.
§ 25A-23 - Collateral taken by the seller.
§ 25A-24 - Identification of instruments of indebtedness.
§ 25A-25 - Preservation of consumers' claims and defenses.
§ 25A-26 - Substitution of collateral.
§ 25A-27 - Application of payments.
§ 25A-28 - Form of consumer credit installment sale contract.
§ 25A-31 - Consolidation and refinancing.
§ 25A-32 - Rebates on prepayment.
§ 25A-35 - Statement of account.
§ 25A-36 - Certificates of insurance and rebates.
§ 25A-38 - "Home-solicitation sale" defined.
§ 25A-39 - Buyer's right to cancel.
§ 25A-40 - Form of agreement or offer; statement of buyer's rights.
§ 25A-41 - Restoration of down payment; retention of goods.