North Carolina § 14-423 - Definitions.

§ 14-423. Definitions.

As used in this Article, the following definitions apply: "Debt adjuster" means a person who engages in, attempts to engage in, or offers to engage in the practice or business of debt adjusting. "Debt adjusting" means entering into or making a contract, express or implied, with a particular debtor whereby the debtor agrees to pay a certain amount of money periodically to the person engaged in the debt adjusting business and that person, for consideration, agrees to distribute, or distributes the same among certain specified creditors in accordance with a plan agreed upon. Debt adjusting includes the business or practice of any person who holds himself out as acting or offering or attempting to act for consideration as an intermediary between a debtor and his creditors for the purpose of settling, compounding, or in any way altering the terms of payment of any debt of a debtor, and to that end receives money or other property from the debtor, or on behalf of the debtor, for the payment to, or distribution among, the creditors of the debtor. Debt adjusting also includes the business or practice of debt settlement or foreclosure assistance whereby any person holds himself or herself out as acting for consideration as an intermediary between a debtor and the debtor's creditors for the purpose of reducing, settling, or altering the terms of the payment of any debt of the debtor, whether or not the person distributes the debtor's funds or property among the creditors, and receives a fee or other consideration for reducing, settling, or altering the terms of the payment of the debt in advance of the debt settlement having been completed or in advance of all the services agreed to having been rendered in full. "Debtor" means an individual who resides in North Carolina, and includes two or more individuals who are jointly and severally, or jointly or severally, indebted to a creditor or creditors. "Nominal consideration" means a fee or a contribution to cover the cost of administering a debt management plan not to exceed forty dollars ($40.00) for origination or setup of the debt management plan and ten percent (10%) of the monthly payment disbursed under the debt management plan, not to exceed forty dollars ($40.00) per month. "Person" means an individual, firm, partnership, limited partnership, corporation, or association. History (1963, c. 394, s. 1; 2005-408, s. 2; 2007-79, s. 1.) Editor's Note. - Session Laws 2005-408, s. 4, as amended by Session Laws 2007-79, s. 1, provides that subdivision (2), as added by s. 2 of the act is effective December 31, 2005. Session Laws 2005-408, s. 4, also provided for the act to expire October 1, 2007, but that sunset provision was repealed by Session Laws 2007-79, s. 1, effective September 1, 2007. Effect of Amendments. - Session Laws 2005-408, s. 2, rewrote the section. See Editor's Note for effective date and expiration.