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NC S60

Bill

Status

Introduced

2/5/2025

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2025-2026 Session

AI Summary

  • Rewrites G.S. 6-21.2 to clarify that attorneys' fees provisions in debt instruments (notes, conditional sale contracts, lease agreements, credit agreements) are enforceable when a creditor uses an attorney to collect after debtor default

  • Caps attorneys' fees at 15% of principal and interest owed at the time of lawsuit, or 15% of the time price balance for conditional sale contracts

  • Requires creditors to provide written notice to debtors after default before collecting attorneys' fees; debtors who pay the full amount owed within 14 days of notice are not liable for attorneys' fees

  • Explicitly excludes residential rental agreements governed by Article 5 of Chapter 42 from the definition of "debt instrument"

  • Becomes effective October 1, 2025, applying only to debt instruments executed on or after that date

Legislative Description

GSC Attorneys' Fees in Debt Instruments

Public

Last Action

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

2/11/2025

Committee Referrals

Judiciary2/11/2025
Rules and Operations of the Senate2/6/2025

Full Bill Text

No bill text available