CORRECTION: NC LATE FEES

For some reason when I cut and pasted this new law, it included the old language as well as the new language. This should make the law allowing a $15.00 late fee clearer:

AN ACT TO MODERNIZE NORTH CAROLINA’S CONSUMER CREDIT INSTALLMENT SALE CONTRACT DEFAULT CHARGE IN ORDER TO LEVEL THE PLAYING FIELD WITH OUT‑OF‑STATE BUSINESSES.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 25A‑29 reads as rewritten:
“§ 25A‑29. Default charges.
(a) If any installment is past due for 10 days or more according to the original terms of the consumer credit installment sale contract, a default charge may be made in an amount not to exceed five percent (5%) of the installment past due or six dollars ($6.00), whichever is the lesser. of fifteen dollars ($15.00). A default charge may be imposed only one time for each default.
(b) If a default charge is deducted from a payment made on the contract and such the deduction results in a subsequent default on a subsequent payment, no default charge may be imposed for such the default.
(c) If a default charge has been once imposed with respect to a particular default in payment, no default charge shall be imposed with respect to any future payments which would not have been in default except for the previous default.
(d) A default charge for any particular default shall be deemed to have been waived by the seller unless, within 45 days following the default, (i) the charge is collected or (ii) written notice of the charge is sent to the buyer.”

SECTION 2. This act is effective when it becomes law and applies to charges imposed on or after that date.
In the General Assembly read three times and ratified this the 12th day of June, 2017.

s/ Philip E. Berger
President Pro Tempore of the Senate

s/ Tim Moore
Speaker of the House of Representatives

This bill having been presented to the Governor for signature on the 13th day of June, 2017 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law. This 26th day of June, 2017.

ATTN: NC BHPH DEALERS!

Good news, NC Buy Here Pay Here dealers! The General Assembly passed a bill increasing the maximum late fee to $15.00. Please see below for the statute.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017
SESSION LAW 2017-45 SENATE BILL 577 S577-v-4
AN ACT TO MODERNIZE NORTH CAROLINA’S CONSUMER CREDIT INSTALLMENT SALE CONTRACT DEFAULT CHARGE IN ORDER TO LEVEL THE PLAYING FIELD WITH OUT-OF-STATE BUSINESSES.

The General Assembly of North Carolina enacts: SECTION 1. G.S. 25A-29 reads as rewritten: “§ 25A-29. Default charges. (a) If any installment is past due for 10 days or more according to the original terms of the consumer credit installment sale contract, a default charge may be made in an amount not to exceed five percent (5%) of the installment past due or six dollars ($6.00), whichever is the lesser. of fifteen dollars ($15.00). A default charge may be imposed only one time for each default. (b) If a default charge is deducted from a payment made on the contract and such the deduction results in a subsequent default on a subsequent payment, no default charge may be imposed for such the default. (c) If a default charge has been once imposed with respect to a particular default in payment, no default charge shall be imposed with respect to any future payments which would not have been in default except for the previous default. (d) A default charge for any particular default shall be deemed to have been waived by the seller unless, within 45 days following the default, (i) the charge is collected or (ii) written notice of the charge is sent to the buyer.”
This act is effective when it becomes law and applies to charges imposed on or after that date. In the General Assembly read three times and ratified this the 12th day of June, 2017.
s/ Philip E. Berger President Pro Tempore of the Senate s/ Tim Moore Speaker of the House of Representatives This bill having been presented to the Governor for signature on the 13th day of June, 2017 and the Governor having failed to approve it within the time prescribed by law, the same is hereby declared to have become a law.
This 26th day of June, 2017. s/ Karen Jenkins Enrolling Clerk

INSPECTIONS UPDATE FROM NC DMV

The General Assembly recently passed a state law (SB131) which eliminates the emissions inspection requirement in 26 counties (see county list below). The law also exempts from the emissions inspection requirement all vehicles older than 20 years in all counties. These statutory changes DO NOT go into effect until approved by the U.S. Environmental Protection Agency. Emissions inspections will continue to be required in the original 48 counties until these changes are approved. The timeframe for EPA approval is unknown. The DMV will provide updated information as it becomes available.

If you have any questions, please contact the Inspections Unit in Raleigh at 919-861-3189 or toll-free at 877-421-0020.

The 26 counties being removed are Brunswick, Burke, Caldwell, Carteret, Catawba, Chatham, Cleveland, Craven, Edgecombe, Granville, Harnett, Haywood, Henderson, Lenoir, Moore, Nash, Orange, Pitt, Robeson, Rutherford, Stanly, Stokes, Surry, Wayne, Wilkes and Wilson.

ATTENTION SC DEALERS!

South Carolina Department of Motor Vehicles Mandatory ELT Information for Motor Vehicle Dealers

South Carolina Code of Laws, Section 56-19-2651 authorizes SCDMV to require electronic lien recordings from lenders doing business in South Carolina. In addition to Mandatory ELT, SCDMV will begin charging lenders for their use of the ELT service to transmit and receive information from the Department. Implementation is scheduled for February 1, 2017, however, SCDMV will allow a six month grace period for implementation ending July 31, 2017. This amendment requires SC licensed motor vehicle dealers, who also finance vehicles, to utilize the electronic lien and title system to transmit and receive lien information from the SCDMV. The SCDMV requires motor vehicle dealers who finance vehicles to participate in the ELT program if the dealers process 5 or more title transactions per year. To participate in the ELT program SC licensed motor vehicle dealers will contact a SCMDV approved ELT Service Provider or may develop a proprietary ELT system to interface with DMV. If the dealer wishes to develop its own ELT system, the dealer will be required to develop and test the ELT system to meet the SCDMV specifications. Motor vehicle dealers that will participate in the ELT program through a service provider must complete the ELT Memorandum of Understanding (MOU) before vehicle, customer and lien data is electronically transmitted through the ELT program. The SCDMV will review the signed MOU and approve for participation. The service provider will provide the motor vehicle dealer with the necessary equipment and training before transmitting lien information to the SCDMV. For a list of the SC approved ELT service providers please visit our web site at: http://www.scdmvonline.com/DMVNew/default.aspx?n=electronic_title_and_registration

For a FAQ on the ELT program, go to http://www.scdmvonline.com/DMVNew/Forms/Mandatory%20ELT%20FAQ.pdf