Iredell County District Court- Global Acceptance Credit v. Dayton- Amendment of Complaint to Conform with N.C.G.S. § 58-70-150

Summary: Global Acceptance Credit, a debt collector and debt buyer, sued Dayton for a debt. Global did not attach a copy of the contract or other writing signed by Dayton evidencing the debt, in violation of N.C.G.S. § 58-70-150. Dayton moved to dismiss, but the trial court allowed amendment of the complaint to include such documents, finding that no new causes of action were asserted, no undue delay or undue prejudice would result. The trial court did, however, note that the attorney for Global “should have paid better attention to N.C.G.S. § 58-70-150 when drafting the original Complaint and attaching documents thereto.” Commentary: This case can be used to show a pattern and practice of insufficient pleadings in the future. For a copy of the opinion, please see: Global Acceptance Credit v. Dayton- Amendment of Complaint to Conform with N.C.G.S. § 58-70-150.pdf