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NC S767
Bill
AI Summary
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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).
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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.
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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.
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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.
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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