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NC H515
Bill
Status
5/7/2025
Primary Sponsor
Terry Brown
Click for details
AI Summary
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Creates new Chapter 1H of the General Statutes establishing legal remedies for domestic violence survivors who incurred "coerced debt" through duress, intimidation, threat of force, force, or undue influence from abusers including current/former spouses, partners, or household members
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Requires creditors to cease collection activities within 10 business days upon receiving adequate documentation (police report, court order, or sworn certification from a qualified professional) and a debtor's sworn written statement that a debt is coerced
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Establishes coerced debt as an affirmative defense in debt collection lawsuits, with courts authorized to issue declaratory judgments relieving the victim of liability and injunctions prohibiting further collection attempts
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Allows creditors to pursue the actual abuser who caused the coerced debt, with a 5-year statute of limitations running from the court's determination of coercion
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Excludes secured debts, debts already reduced to civil judgment, and consumer finance companies licensed under Article 15 of Chapter 53; effective July 1, 2025, for debts incurred or actions filed on or after that date
Legislative Description
North Carolina Economic Abuse Prevention Act
Public
Last Action
Ref To Com On Rules and Operations of the Senate
5/7/2025