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NC H481

Bill

Status

Engrossed

4/26/2023

Primary Sponsor

Julia Howard

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Recodifies Article 56 of Chapter 14 (debt adjusting) as Article 9 of Chapter 75 of the General Statutes and expands the prohibition to include debt settlement practices.

  • Prohibits any person, directly or through affiliates, from engaging in, offering to engage in, or attempting to engage in debt adjusting or debt settlement, making violations a Class 2 misdemeanor.

  • Designates debt settlement violations as unfair trade practices subject to civil penalties under G.S. 75-15.2, allows courts to appoint receivers for debtor funds, and permits attorneys' fees to be awarded to the State.

  • Maintains certain authorized transactions exempt from the debt adjusting prohibition, including services by creditors at no cost, court-ordered arrangements, attorney services within attorney-client relationships, and nonprofit credit counseling organizations meeting specific requirements including maximum fees of $40 origination plus 10% monthly payment capped at $40/month.

  • Declares all contracts for debt adjusting or debt settlement void as against public policy and establishes July 1, 2023 as the effective date.

Legislative Description

Modernize Debt Settlement Prohibition

Civil Procedure; Commerce; Courts; Debtor & Creditor; Fines & Penalties; Public; Civil Actions

Last Action

Ref To Com On Rules and Operations of the Senate

4/26/2023

Committee Referrals

Rules and Operations of the Senate4/26/2023
Rules, Calendar, and Operations of the House4/5/2023
Judiciary I3/28/2023

Full Bill Text

No bill text available