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

346 words·~2 min read·/nc/chapter-58/58-70-155

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

(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)If the claim is not based on a credit card debt, 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:

(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.

(c)If the claim is based on a credit card debt, 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:

(1)The original account number.

(2)The original creditor.

(3)An itemized accounting, as defined in G.S. 58-70-90.

(4)The date of last payment, if any.

(5)The basis for the interest charged.

(6)The date the account was opened.

(d)If a debt buyer fails to satisfy the requirements of this section, the debt buyer's motion for summary judgment or default judgment shall be denied and any judgments entered in favor of the non-compliant debt buyer are void and subject to vacatur under Rule 60(b) of the Rules of Civil Procedure. (2009-573, s. 8; 2011-326, s. 7; 2023-130, s. 7(e).)