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North Carolina Department of Justice
North Carolina Department of Justice
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Collections Guidelines

The Office of the Attorney General's Collection Section collects delinquent student loan accounts, account receivable accounts and other types of debt for the State Universities and Community Colleges.
 
We also collect account receivable accounts and other types of debt for other North Carolina state agencies.
 
Please see the Accounts Receivable Guidelines for guidelines to assist state agencies in developing procedures to properly account for, report, manage and collect receivables in accordance with North Carolina law.

Guidelines for Collecting Delinquent Accounts -  Forms and Attachments:
Forms
Form 1: Loan Submittal Form to Attorney General's Office 
Form 2: School Accounts Receivable Form 
Form 3: State Agency Accounts Receivable Form 
Form 4: State Agency Return Check Form 

Sample Letters
Sample Letter for Delinquent Student Loan
Sample Letter for Delinquent Debt Owed to Community College
Sample Letter for Delinquent Debt Owed to a State Agency

Attachments
Attachment 1: Response Form
Attachment 2: Reminder Memo to E-Mail Your Responses to Attorney General's Office
Attachment 3: Attorney General's Office Recommendations for Disposition Memo
Attachment 4: Returned Mail Marked NAN (New Address Needed) Memo
Attachment 5: NC General Statute §1-52 (3 Year Statute of Limitation)
Attachment 6: NC General Statute §1-47 (10 Year Statute of Limitation)
Attachment 7: 20 U.S.C.S. §1091a (Statute of Limitations for Student Loans)
Attachment 8: State Interest Rates (Set by NC General Statute §105-241.21)
Attachment 9: NC General Statute §75-55 Unconscionable Means - By Debt Collector
Attachment 10: NC General Statute §58-70-115 Unconscionable Means - By Collection Agency
Attachment 11: Memo from Department of Insurance - Re: Collection Agency Fees and Language to Pay Collection Expenses
Attachment 12: 34 C.F.R. §674.46 Litigation Procedures (Student Loans)
Attachment 13: 34 C.F.R. §674.45 Collection Procedures (Student Loans)
Attachment 14: Cash Management Policy Overview (NC General Statutes §147-86.10 through §147-86.14)
Attachment 15: Accounts Receivable Policy Overview (NC General Statutes §147-86.20 through §147-86.27)
Attachment 16: NC General Statute §132-1.10 Social Security Numbers and Other Personal Identifying Information
Attachment 17: Debt Collection and Identity Theft - Article dated 9-22-06
Attachment 18: NC General Statute §75-62 Social Security Number Protection
Attachment 19: 26 C.F.R. §1.6050S-1 Information Reporting for Qualified Tuition and Related Expenses
Attachment 19(a) and 19(b): General Mandatory Disclosure and General Voluntary Disclosure (To be used by University or Community College)
Attachment 20: NC General Statute §14-113.20 Identity Theft
Attachment 21: NC General Statute §75-61 Definitions Under the Identity Theft Protection Act
Attachment 22: NC General Statute §1A-1, Rule 3 Commencement of Action (Filing a Complaint with the Court)
Attachment 23: NC General Statute §6-21.2 Attorneys' Fees in Notes, Etc., in Addition to Interest
Attachment 24(a) & (b): Suit Preparation Worksheet (University or Community College and State Agency)
Attachment 25: Civil Summons (White and Yellow)
Attachment 26: Sample Complaint (Lawsuit) for Student Loan
Attachment 27: Verification of Complaint
Attachment 28: NC General Statute §1A-1, Rule 11 Signing and Verification of Pleadings
Attachment 29: Court Filing Fees
Attachment 30: NC General Statute §1A-1, Rule 4 Process (Serving the Summons)
Attachment 31: Alias and Pluries Summons
Attachment 33: 26 U.S.C.S. §7502. Timely Mailing Treated as Timely Filing and Paying
Attachment 34: Session Law 2008-36, House Bill 2287 - NC General Statute §1A-1, Rule 4(j) As rewritten (Serving the Summons by a Designated Private Delivery Service, i.e. FedEx)
Attachment 35: Affidavit - Showing the Court the Defendant was Served by Certified Mail
Attachment 36: Sample Repayment Agreement Letter (University or Community College)
Attachment 37: Sample Receipt of Payment Letter
Attachment 38: NC General Statute §1A-1, Rule 15 Amended and Supplemental Pleadings 
Attachment 39: NC General Statue §1A-1, Rule 54 Judgments
Attachment 40: NC General Statute §1A-1 Rule 55 Default
Attachment 41: NC General Statute §1A-1, Rule 12 Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleading
Attachment 42: NC General Statute §1A-1, Rule 56 Summary Judgment
Attachment 43: NC General Statute §1A-1, Rule 58 Entry of Judgment
Attachment 44: NC General Statute §1-239 Paid to Clerk; Docket Credited; Transcript to Other Counties; Notice to Attorney for Judgment Creditor; Judgment Creditor to Give Notice of Payment; Entry of Payment on Docket; Penalty for Failure to Give Notice of Payment
Attachment 45: NC General Statute §1-242 Credits Upon Judgments
Attachment 46: Certificate of Payment/Satisfaction of Judgment Form
Attachment 47: NC General Statute §1A-1, Rule 41 Dismissal of Actions
Attachment 48: State of NC Budget Manual from Office of State Budget and Management 4.6 Repayment of Money Owed to the State
Attachment 49: NC General Statute §143-553 Conditional Continuing Employment; Notification Among Employing Entities; Repayment Election
Attachment 50: NC General Statute §143-552 Definitions
Attachment 51: NC General Statute §143-554 Right of Employee Appeal
Attachment 52: NC General Statute §143-64.80 Overpayments of State Funds to Persons in State-Supported Positions; Recoupment Required
Attachment 53: NC General Statute §95-25.8 Withholding of Wages
Attachment 54: Sample Letter to State Employee Who Owes a Delinquent Student Loan
Attachment 55: Sample Letter to State Employee Who Owes to a State Agency
Attachment 56: Sample Language for Voluntary Payroll Deduction
Attachment 57: Sample Letter to State Agency Regarding Money Owed to the State by a State Employee
Attachment 58: Sample Memo From a State Agency Owed Money From an Ex-State Employee to the State Agency Employing this same Employee
Attachment 59: NC General Statute §25-3-506 Collection of Processing Fee for Returned Checks
Attachment 60: Chapter 105A Setoff Debt Collection Act. NC General Statutes §§105A-1 through 105A-16
Attachment 61: NC General Statute §18C-134 Setoff for Debt Collection Against Lottery Prizes
Attachment 62: Attorney General Opinion 270, Dated July 12, 1996; RE: Applicability of Statutes of Limitations to Claims Under the Setoff Debt Collection Act and the State Employees Debt Collection Act
Attachment 63: Notice of Chapter 7 Bankruptcy Form (Individual or Joint Debtor No Asset Case)
Attachment 64: Notice of Chapter 7 Bankruptcy Form (Individual or Joint Debtor Asset Case)
Attachment 65: Notice of Chapter 13 Bankruptcy Form