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NC S767

Bill

Status

Introduced

4/24/2024

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Rewrites G.S. 6-21.2 to clarify when creditors may enforce obligations to pay attorneys' fees in debt instruments (notes, conditional sale contracts, lease agreements, credit agreements, and similar instruments).

  • Establishes that attorneys' fees are valid and enforceable only if a creditor uses an attorney to collect after a debtor defaults and complies with all requirements, with a maximum cap of 15% of principal and interest owed or 15% of time price balance for conditional sale contracts.

  • Requires creditors to provide written notice to debtors before enforcing attorneys' fees, giving debtors 14 days to pay the outstanding balance without the additional fees; exception applies to secured debts where debtor refuses to surrender collateral.

  • Mandates that assignees and debt buyers must provide the court with documentation including the original debt contract with the defendant's signature and an unbroken chain of ownership showing assignment transfers.

  • Effective date is October 1, 2024, and applies only to debt instruments executed on or after that date.

Legislative Description

GSC Attorneys' Fees in Debt Instruments

Attorneys; Courts; Debtor & Creditor; Fees; Occupations; Public; Civil Actions

Last Action

Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

4/29/2024

Committee Referrals

Judiciary4/29/2024
Rules and Operations of the Senate4/25/2024

Full Bill Text

No bill text available