reglab/housing_qa huggingface dataset:
NC Gen Stat § 58-70-70 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-70 - Receipt requirement.

 58-70-70. Receipt requirement.(a) Whenever a payment is received in cash from a debtor, forwardee, or other person, an original receipt or an exact copy thereof shall be furnished the individual from whom payment is received. Evidence of all receipts issued shall be kept in the permit holder's office for three years. All receipts issued must:(1) Be prenumbered by the printer and used and filed in consecutive numerical order;(2) Show the name, street address and permit number of the permit holder;(3) Show the name of the creditor or creditors for whom collected;(4) Show the amount and date paid; and(5) Show the last name of the person accepting payment.(b) Whenever payment in any form is received by or on behalf of a debt buyer, in addition to meeting the requirements set forth in subsection (a) of this section, the receipt shall also:(1) Show the name of the creditor or creditors for whom collected, the account number assigned by the creditor or creditors for whom collected, and if the current creditor is not the original creditor, the account number assigned by the original creditor.(2) State clearly whether the payment is accepted as either payment in full or as a full and final compromise of the debt, and if not, the receipt shall state clearly the balance due after payment is credited.  (1979, c. 835; 2009-573, s. 4(b).)
NC Gen Stat § 58-70-75 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-75 - Creditor may request return of accounts.

 58-70-75. Creditor may request return of accounts.The written request of a creditor or forwarder for the return of any account which is not in the actual process of collection shall be complied with by the permit holder in writing within a reasonable length of time, but in any event not to exceed 60 days. All valuable papers furnished by the creditor or forwarder in connection with the account shall be returned. (1979, c. 835.)
NC Gen Stat § 58-70-80 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-80 - Return of accounts and all valuable papers upon termination of permit.

 58-70-80. Return of accounts and all valuable papers upon termination of permit.Whenever the permit of a collection agency is revoked, cancelled, or terminated for any reason, all accounts and valuable papers placed with the agency for collection shall be returned to the person placing the account for collection within five days of the termination of said permit unless, upon written application, an extension of time is granted by the Department of Insurance. All agreements between the collection agency and creditor or forwarder are automatically cancelled as of the date on which said permit is revoked, cancelled or terminated. If any of the accounts placed for collection are in the hands of others at the time of the permit termination, they shall immediately be notified by the collection agency to thereafter correspond, remit and be solely responsible to the creditor placing the accounts with the agency for collection unless the creditor has authorized a successor or other permit holder to continue to collect the accounts. In the case of dissolution of the collection agency, all accounts shall be returned within a reasonable period of time, but in any event not to exceed 60 days. Valuable papers shall include, but not be limited to, notes payable, creditor account cards and any other items placed within the collection agency by the creditor. (1979, c. 835.)
NC Gen Stat § 58-70-85 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-85 - Application of funds where there is a debtor-creditor relationship.

 58-70-85. Application of funds where there is a debtor-creditor relationship.If a creditor has listed accounts with a permit holder for collection and also has had accounts on which he is debtor listed with the permit holder by any other creditors, collections effected in his behalf as a creditor may not be applied on accounts that he owes unless the permit holder has a written authorization on file as to how the moneys collected are to be applied. (1979, c. 835.)
NC Gen Stat § 58-70-90 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-90 - Definitions.

 58-70-90. Definitions.As used in this Part, the following terms have the meanings specified:(1) "Collection agency" means a collection agency as defined in G.S. 58-70-15 which engages, directly or indirectly, in debt collection from a consumer.(2) "Consumer" means an individual, aggregation of individuals, corporation, company, association, or partnership that has incurred a debt or alleged debt.(3) "Debt" means any obligation owed or due or alleged to be owed or due from a consumer. (1961, c. 782; 1971, c. 814, ss. 1-3; 1979, c. 835.)
NC Gen Stat § 58-70-95 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-95 - Threats and coercion.

 58-70-95. Threats and coercion.No collection agency shall collect or attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce. Such unfair acts include, but are not limited to, the following:(1) Using or threatening to use violence or any illegal means to cause harm to the person, reputation or property of any person;(2) Falsely accusing or threatening to accuse any person of fraud or any crime, or of any conduct that would tend to cause disgrace, contempt or ridicule;(3) Making or threatening to make false accusations to another person, including any credit reporting agency, that a consumer has not paid, or has willfully refused to pay a just debt;(4) Threatening to sell or assign, or to refer to another for collection, the debt of the consumer with an attending representation that the result of such sale, assignment or reference would be that the consumer would lose any defense to the debt or would be subject to harsh, vindictive, or abusive collection attempts;(5) Representing that nonpayment of an alleged debt may result in the arrest of any person;(6) Representing that nonpayment of an alleged debt may result in the seizure, garnishment, attachment, or sale of any property or wages unless such action is in fact contemplated by the debt collector and permitted by law;(7) Threatening to take any action not in fact taken in the usual course of business, unless it can be shown that such threatened action was actually intended to be taken in the particular case in which the threat was made;(8) Threatening to take any action not permitted by law. (1979, c. 835.)
NC Gen Stat § 58-70-100 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-100 - Harassment.

 58-70-100. Harassment.No collection agency shall use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt. Such conduct includes, but is not limited to, the following:(1) Using profane or obscene language, or language that would ordinarily abuse the typical hearer or reader;(2) Placing collect telephone calls or sending collect telegrams unless the caller fully identifies himself and the company he represents;(3) Causing a telephone to ring or engaging any person in telephone conversation with such frequency as to be unreasonable or to constitute a harassment to the person under the circumstances or at times known to be times other than normal waking hours of the person;(4) Placing telephone calls or attempting to communicate with any person, contrary to his instructions, at his place of employment, unless the collection agency does not have a telephone number where the consumer can be reached during the consumer's nonworking hours. (1979, c. 835.)
NC Gen Stat § 58-70-105 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-105 - Unreasonable publication.

 58-70-105. Unreasonable publication.No collection agency shall unreasonably publicize information regarding a consumer's debt. Such unreasonable publication includes, but is not limited to, the following:(1) Any communication with any person other than the debtor or his attorney, except:a. With the permission of the debtor or his attorney;b. To persons employed by the collection agency, to a credit reporting agency, to a person or business employed to collect the debt on behalf of the creditor, or to a person who makes a legitimate request for the information;c. To the spouse (or one who stands in place of the spouse) of the debtor, or to the parent or guardian of the debtor if the debtor is a minor;d. For the sole purpose of locating the debtor, if no indication of indebtedness is made;e. Through legal process.(2) Using any form of communication which ordinarily would be seen or heard by any person other than the consumer that displays or conveys any information about the alleged debt other than the name, address and phone number of the collection agency except as otherwise provided in this Part.(3) Disclosing any information relating to a consumer's debt by publishing or posting any list of consumers, except for credit reporting purposes. (1979, c. 835.)
NC Gen Stat § 58-70-110 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-110 - Deceptive representation.

 58-70-110. Deceptive representation.No collection agency shall collect or attempt to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation. Such representations include, but are not limited to, the following:(1) Communicating with the consumer other than in the name of the person making the communication, the collection agency and the person or business on whose behalf the collection agency is acting or to whom the debt is owed;(2) Failing to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector; provided, however, that this subdivision does not apply to a formal pleading made in connection with legal action;(3) Falsely representing that the collection agency has in its possession information or something of value for the consumer;(4) Falsely representing the character, extent, or amount of a debt against a consumer or of its status in any legal proceeding; falsely representing that the collection agency is in any way connected with any agency of the federal, State or local government; or falsely representing the creditor's rights or intentions;(5) Using or distributing or selling any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source;(6) Falsely representing that an existing obligation of the consumer may be increased by the addition of attorney's fees, investigation fees, service fees, or any other fees or charges;(7) Falsely representing the status or true nature of the services rendered by the collection agency or its business.(8) Communicating with the consumer in violation of the provisions of G.S. 62-159.1(a), 153A-277(b1), or 160A-314(b1).  (1979, c. 835; 2001-269, s. 1.4; 2009-302, s. 4.)
NC Gen Stat § 58-70-115 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-115 - Unfair practices.

 58-70-115. Unfair practices.No collection agency shall collect or attempt to collect any debt by use of any unfair practices. Such practices include, but are not limited to, the following:(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver.(2) Collecting or attempting to collect from the consumer all or any part of the collection agency's fee or charge for services rendered, collecting or attempting to collect any interest or other charge, fee or expense incidental to the principal debt unless legally entitled to such fee or charge.(3) Communicating with a consumer whenever the collection agency has been notified by the consumer's attorney that he represents said consumer.(4) When the collection agency is a debt buyer or is acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor or otherwise attempting to collect on a debt when the collection agency knows, or reasonably should know, that such collection is barred by the applicable statute of limitations.(5) When the collection agency is a debt buyer or acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor, or otherwise attempting to collect on the debt without (i) valid documentation that the debt buyer is the owner of the specific debt instrument or account at issue and (ii) reasonable verification of the amount of the debt allegedly owed by the debtor. For purposes of this subdivision, reasonable verification shall include documentation of the name of the original creditor, the name and address of the debtor as appearing on the original creditor's records, the original consumer account number, a copy of the contract or other document evidencing the consumer debt, and an itemized accounting of the amount claimed to be owed, including all fees and charges.(6) When the collection agency is a debt buyer or acting on behalf of a debt buyer, bringing suit or initiating an arbitration proceeding against the debtor to collect on a debt without first giving the debtor written notice of the intent to file a legal action at least 30 days in advance of filing. The written notice shall include the name, address, and telephone number of the debt buyer, the name of the original creditor and the debtor's original account number, a copy of the contract or other document evidencing the consumer debt, and an itemized accounting of all amounts claimed to be owed.(7) Failing to comply with Part 5 of this Article.  (1979, c. 835; 2009-573, s. 5.)
NC Gen Stat § 58-70-120 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-120 - Unauthorized practice of law; court appearances.

 58-70-120. Unauthorized practice of law; court appearances.Neither a collection agency nor any representative thereof who is not a duly licensed attorney shall engage in the practice of law. As used in this section, "practice of law" includes the preparation of warrants or subpoenas. A collection agency's representative is prohibited from appearing in court on behalf of a creditor except as required by court order or subpoena, and except to submit and explain claims in bankruptcy court. (1979, c. 835; 1989, c. 441, s. 11.)
NC Gen Stat § 58-70-125 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-125 - Shared office space.

 58-70-125. Shared office space.The office of a collection agency shall not be shared or have a common waiting room with a practicing attorney or any type of lending institution. The office may be located in a private residence only if it is solely for business purposes, has an outside entrance and can be isolated from the remainder of the residence. (1979, c. 835.)
NC Gen Stat § 58-70-130 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-130 - Civil liability.

 58-70-130. Civil liability.(a) Any collection agency which violates Part 3 of this Article with respect to any debtor shall be liable to that debtor in an amount equal to the sum of any actual damages sustained by the debtor as a result of the violation.(b) Any collection agency which violates Part 3 of this Article with respect to any debtor shall, in addition to actual damages sustained by the debtor as a result of the violation, also be liable to the debtor for a penalty in such amount as the court may allow, which shall not be less than five hundred dollars ($500.00) for each violation nor greater than four thousand dollars ($4,000) for each violation.(c) The specific and general provisions of Part 3 of this Article shall constitute unfair or deceptive acts or practices proscribed herein or by G.S. 75-1.1 in the area of commerce regulated thereby; provided, however, that, notwithstanding the provisions of G.S. 75-16, the civil penalties provided in this section shall not be trebled. Civil penalties in excess of four thousand dollars ($4,000) for each violation shall not be imposed.(d) The remedies provided by this section shall be cumulative, and in addition to remedies otherwise available. Any punitive damages assessed against a collection agency shall not be reduced by the amount of the civil penalty assessed against such agency pursuant to subsection (b) of this section.(e) The clear proceeds of civil penalties imposed under this section in suits instituted by the Attorney General shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.  (1979, c. 835; 1991, c. 68, s. 2; 1998-215, s. 89(a); 2009-573, s. 6.)
NC Gen Stat § 58-70-145 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-145 - Complaint of a collection agency plaintiff must contain certain allegations.

 58-70-145. Complaint of a collection agency plaintiff must contain certain allegations.In any cause of action that arises out of the conduct of a business for which a plaintiff must secure a permit pursuant to this Article, the complaint shall allege as part of the cause of action that the plaintiff is duly licensed under this Article and shall contain the name and number, if any, of the license and the governmental agency that issued it.  (2009-573, s. 8.)
NC Gen Stat § 58-70-150 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-150 - Complaint of a debt buyer plaintiff must be accompanied by certain materials.

 58-70-150. Complaint of a debt buyer plaintiff must be accompanied by certain materials.In addition to the requirements of G.S. 58-70-145, in any cause of action initiated by a debt buyer, as that term is defined in G.S. 58-70-15, all of the following materials shall be attached to the complaint or claim:(1) A copy of the contract or other writing evidencing the original debt, which must contain a signature of the defendant. If a claim is based on credit card debt and no such signed writing evidencing the original debt ever existed, then copies of documents generated when the credit card was actually used must be attached.(2) A copy of the assignment or other writing establishing that the plaintiff is the owner of the debt. If the debt has been assigned more than once, then each assignment or other writing evidencing transfer of ownership must be attached to establish an unbroken chain of ownership. Each assignment or other writing evidencing transfer of ownership must contain the original account number of the debt purchased and must clearly show the debtor's name associated with that account number.  (2009-573, s. 8.)
NC Gen Stat § 58-70-155 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 70 - Collection Agencies.|§ 58-70-155 - Prerequisites to entering a default or summary judgment against a debtor under this Part.

 58-70-155. Prerequisites to entering a default or summary judgment against a debtor under this Part.(a) Prior to entry of a default judgment or summary judgment against a debtor in a complaint initiated by a debt buyer, the plaintiff shall file evidence with the court to establish the amount and nature of the debt.(b) The only evidence sufficient to establish the amount and nature of the debt shall be properly authenticated business records that satisfy the requirements of Rule 803(6) of the North Carolina Rules of Evidence. The authenticated business records shall include at least all of the following items:(1) The original account number.(2) The original creditor.(3) The amount of the original debt.(4) An itemization of charges and fees claimed to be owed.(5) The original charge-off balance, or, if the balance has not been charged off, an explanation of how the balance was calculated.(6) An itemization of post charge-off additions, where applicable.(7) The date of last payment.(8) The amount of interest claimed and the basis for the interest charged.  (2009-573, s. 8; 2011-326, s. 7.)
NC Gen Stat § 58-71-5 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 71 - Bail Bondsmen and Runners.|§ 58-71-5 - Commissioner of Insurance to administer Article; rules and regulations; employees; evidence of Commissioner's actions.

 58-71-5. Commissioner of Insurance to administer Article; rules and regulations; employees; evidence of Commissioner's actions.(a) The Commissioner shall have full power and authority to administer the provisions of this Article, which regulates bail bondsmen and runners and to that end to adopt and promulgate rules and regulations to enforce the purposes and provisions of this Article. Subject to the provisions of the North Carolina Human Resources Act, the Commissioner may employ and discharge such employees, examiners, investigators and such other assistants as shall be deemed necessary, and he shall prescribe their duties.(b) Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the Commissioner, or any record of the Commissioner authenticated under the head of the Commissioner by the seal of his office shall be accepted by all the courts of this State as prima facie evidence of the contents thereof.  (1963, c. 1225, s. 2; 1975, c. 619, s. 1; 2013-382, s. 9.1(c).)
NC Gen Stat § 58-71-10 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 71 - Bail Bondsmen and Runners.|§ 58-71-10 - Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications.

 58-71-10. Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications.(a) No undertaking shall be invalid because of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, if it appears from the tenor of the undertaking before what magistrate or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.(b) The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency or competency provided in the criminal procedure law, or by reason of any other agreement whether or not the agreement is expressed in the undertaking, or because the defendant has not joined in the undertaking. (1963, c. 1225, s. 3; 1975, c. 619, s. 1; 2001-269, s. 2.2.)
NC Gen Stat § 58-71-15 (2021)
2021 North Carolina General Statutes|Chapter 58 - Insurance|Article 71 - Bail Bondsmen and Runners.|§ 58-71-15 - Qualifications of sureties on bail.

 58-71-15. Qualifications of sureties on bail.Each and every surety for the release of a person on bail shall be qualified as:(1) An insurer and represented by a surety bondsman or bondsmen; or(2) A professional bondsman; or(3) An accommodation bondsman. (1963, c. 1225, s. 4; 1971, c. 1231, s. 1; 1975, c. 619, s. 1.)