§ 58-70-150. Complaint of a debt buyer plaintiff must be accompanied by certain materials.

232 words·~1 min read·/nc/chapter-58/58-70-150

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 the debt buyer alleges in the complaint that no such signed writing evidencing the original debt ever existed, then copies of documents generated when the credit card was actually used, such as a purchase or cash advance, 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.

Any complaint that fails to comply with this section shall be dismissed by the court upon motion of the debtor or sua sponte. (2009-573, s. 8; 2023-130, s. 7(d).)