State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-70-155

§ 58‑70‑155. Prerequisites to entering a default or summary judgment against a debtor underthis Part.

(a)        Prior to entry of adefault judgment or summary judgment against a debtor in a complaint initiatedby a debt buyer, the plaintiff shall file evidence with the court to establishthe amount and nature of the debt.

(b)        The only evidencesufficient to establish the amount and nature of the debt shall be properlyauthenticated business records that satisfy the requirements of Rule 803(b) ofthe North Carolina Rules of Evidence. The authenticated business records shallinclude at least all of the following items:

(1)        The original accountnumber.

(2)        The originalcreditor.

(3)        The amount of theoriginal debt.

(4)        An itemization ofcharges and fees claimed to be owed.

(5)        The original charge‑offbalance, or, if the balance has not been charged off, an explanation of how thebalance was calculated.

(6)        An itemization ofpost charge‑off additions, where applicable.

(7)        The date of lastpayment.

(8)        The amount ofinterest claimed and the basis for the interest charged.  (2009‑573, s. 8.)

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-70-155

§ 58‑70‑155. Prerequisites to entering a default or summary judgment against a debtor underthis Part.

(a)        Prior to entry of adefault judgment or summary judgment against a debtor in a complaint initiatedby a debt buyer, the plaintiff shall file evidence with the court to establishthe amount and nature of the debt.

(b)        The only evidencesufficient to establish the amount and nature of the debt shall be properlyauthenticated business records that satisfy the requirements of Rule 803(b) ofthe North Carolina Rules of Evidence. The authenticated business records shallinclude at least all of the following items:

(1)        The original accountnumber.

(2)        The originalcreditor.

(3)        The amount of theoriginal debt.

(4)        An itemization ofcharges and fees claimed to be owed.

(5)        The original charge‑offbalance, or, if the balance has not been charged off, an explanation of how thebalance was calculated.

(6)        An itemization ofpost charge‑off additions, where applicable.

(7)        The date of lastpayment.

(8)        The amount ofinterest claimed and the basis for the interest charged.  (2009‑573, s. 8.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-70-155

§ 58‑70‑155. Prerequisites to entering a default or summary judgment against a debtor underthis Part.

(a)        Prior to entry of adefault judgment or summary judgment against a debtor in a complaint initiatedby a debt buyer, the plaintiff shall file evidence with the court to establishthe amount and nature of the debt.

(b)        The only evidencesufficient to establish the amount and nature of the debt shall be properlyauthenticated business records that satisfy the requirements of Rule 803(b) ofthe North Carolina Rules of Evidence. The authenticated business records shallinclude at least all of the following items:

(1)        The original accountnumber.

(2)        The originalcreditor.

(3)        The amount of theoriginal debt.

(4)        An itemization ofcharges and fees claimed to be owed.

(5)        The original charge‑offbalance, or, if the balance has not been charged off, an explanation of how thebalance was calculated.

(6)        An itemization ofpost charge‑off additions, where applicable.

(7)        The date of lastpayment.

(8)        The amount ofinterest claimed and the basis for the interest charged.  (2009‑573, s. 8.)