N.C. Gen. Stat. § 58-70-155
Prerequisites to entering a default or summary judgment against a debtor under this Part
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) 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.
(1) 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.
(2) 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: The original account number.
(2) 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: The original account number.
(3) The original creditor.
(3) The original creditor.
(4) The amount of the original debt.
(4) The amount of the original debt.
(5) An itemization of charges and fees claimed to be owed.
(5) An itemization of charges and fees claimed to be owed.
(6) The original charge-off balance, or, if the balance has not been charged off, an explanation of how the balance was calculated.
(6) The original charge-off balance, or, if the balance has not been charged off, an explanation of how the balance was calculated.
(7) An itemization of post charge-off additions, where applicable.
(7) An itemization of post charge-off additions, where applicable.
(8) The date of last payment.
(8) The date of last payment.
(9) The amount of interest claimed and the basis for the interest charged.
(9) The amount of interest claimed and the basis for the interest charged.
History
(2009-573, s. 8; 2011-326, s. 7.)
Effect of Amendments. - Session Laws 2011-326, s. 7, effective June 27, 2011, updated the rule reference in the introductory paragraph of subsection (b).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.