Legal Question in Credit and Debt Law in North Carolina

Is Ms. Welsh correct or not? Is the tolling provision prohibited in my case?

Background Info: In response to a question, Kristy Welsh formerly of creditinfocenter.com wrote the following on July 20, 2010: �You, lucky reader, have had the debt collection gods smile upon you. In September 2009, North Carolina passed Senate Bill 974. This new law has a provision prohibiting debt collectors to use the tolling provision of North Carolina�s statute of limitations on debts. In other words, the statute of limitations will run as if you never moved. Therefore, in your case, I would say that you are safe in moving back to North Carolina.� The text above is the last paragraph of Ms. Welsh�s answer to a question. Below is a link to the web page in question.

http://www.creditinfocenter.com/wordpress/2010/07/20/what-is-statutue-of-limitations-tolling-for-credit-card-debt/

In my case, I left the country after the last payment was made and I stayed out of the country for quite a few months. I have never acknowledged the debt and the three-year SOL period since the last payment has passed. Thanks in advance


Asked on 1/14/16, 5:58 pm

1 Answer from Attorneys
Rachel Hunter

Ms. Welsh is not an NC attorney. See her Linked In page: https://www.linkedin.com/in/kristywelsh

I am sure she means well but II have a problem with Ms. Welsh advising people on the law of various states when she is a computer person and not an attorney.

Here is a link to the relevant statutes:

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0058

The statutes are in sections 58-70-90 to 58-70-155. Read for yourself. The law also amended some other provisions. None of them relates to tolling. That is addressed in another section:

NC GS � 1-21. Defendant out of State; when action begun or judgment enforced.

If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and if, after such cause of action accrues or judgment is rendered or docketed, such person departs from and resides out of this State, or remains continuously absent therefrom for one year or more, the time of his absence shall not be a part of the time limited for the commencement of the action or the enforcement of the judgment. Provided, that where a cause of action arose outside of this State and is barred by the laws of the jurisdiction in which it arose, no action may be maintained in the courts of this State for the enforcement thereof, except where the cause of action originally accrued in favor of a resident of this State.

The provisions of this section shall not apply to the extent that a court of this State has or continues to have jurisdiction over the person under the provisions of G.S. 1-75.4.

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This is the actual text of the bill that was passed. I am not going to read it and give you an answer for free. Read for yourself:

http://www.ncga.state.nc.us/Sessions/2009/Bills/Senate/PDF/S974v5.pdf

I don't know how Ms. Welsh reaches her interpretation. Since she is the ONLY person declaring this to be true I suggest you consult her.

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Answered on 1/14/16, 10:07 pm


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