§ 58-30-190. Proof of claim. - North Carolina Statutes

§58‑30‑190.  Proof of claim.

(a)        Proof of claimshall consist of a statement signed by the claimant that includes all of thefollowing that are applicable:

(1)        The particulars ofthe claim, including the consideration given for it;

(2)        The identity and amountof the security on the claim;

(3)        The payments made onthe debt, if any;

(4)        That the sum claimedis justly owing and that there is no setoff, counterclaim, or defense to theclaim;

(5)        Any right ofpriority of payment or other specific right asserted by the claimant;

(6)        A copy of thewritten instrument that is the foundation of the claim; and

(7)        The name and addressof the claimant and any attorney who represents him.

(b)        No claim need beconsidered or allowed if it does not contain all the information in subsection(a) of this section that may be applicable.  The liquidator may require that aprescribed form be used, and may require that other information and documentsbe included.

(c)        At any time theliquidator may request the claimant to present information or evidencesupplementary to that required under subsection (a) of this section; and maytake testimony under oath, require production of affidavits or depositions, orotherwise obtain additional information or evidence.

(d)        No judgment ororder against an insured or the insurer entered after the date of filing of asuccessful petition for liquidation, and no judgment or order against aninsured or the insurer entered at any time by default or by collusion, need beconsidered as evidence of liability or of amount of damages.  No judgment ororder against an insured or the insurer entered within four months before thefiling of the petition need be considered as evidence of liability or of theamount of damages.

(e)        All claims of aguaranty association or foreign guaranty association shall be in such form andcontain such substantiation as may be agreed to by the association and theliquidator; and failing such agreement as ordered by the Court. (1989,c. 452, s. 1.)