North Carolina General Statutes 105B-1. Purpose and Definitions
(a) It is the purpose of this Article to enable the State Education Assistance Authority to seek an order of withholding of personal earnings against a debtor who owes money to the Authority through default on a student loan as a means of enforcing a judgment which requires the payment of money to the Authority.
(b) As used in this Article:
(1) “Annual federal poverty guidelines” means the annual federal poverty guidelines issued by the United States Department of Health and Human Services in effect at the time in question.
Terms Used In North Carolina General Statutes 105B-1
- Annual federal poverty guidelines: means the annual federal poverty guidelines issued by the United States Department of Health and Human Services in effect at the time in question. See North Carolina General Statutes 105B-1
- Authority: means the State Education Assistance Authority as enabled by Article 23 of Chapter 116 of the N. See North Carolina General Statutes 105B-1
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Debtor: means any individual owing money to the Authority through default on a student loan made, guaranteed or owned by the Authority, which obligation has not been adjudicated satisfied by court order, set aside by court order, or discharged in bankruptcy. See North Carolina General Statutes 105B-1
- Family: means a parent or parents and minor children or spouses that reside together. See North Carolina General Statutes 105B-1
- Family income: means family income as set out in the annual federal poverty guidelines. See North Carolina General Statutes 105B-1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Payor: means the person, firm, association or corporation by whom the debtor is employed. See North Carolina General Statutes 105B-1
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Student loan: means a loan or loans made to eligible students or parents of students to aid in obtaining an education beyond the high school level. See North Carolina General Statutes 105B-1
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Authority” means the State Education Assistance Authority as enabled by Article 23 of Chapter 116 of the N.C. Gen. Stat..
(3) “Debtor” means any individual owing money to the Authority through default on a student loan made, guaranteed or owned by the Authority, which obligation has not been adjudicated satisfied by court order, set aside by court order, or discharged in bankruptcy.
(4) “Family” means a parent or parents and minor children or spouses that reside together.
(5) “Family income” means family income as set out in the annual federal poverty guidelines.
(6) “Mistake of fact” means that the debtor:
a. Is not the actual person named in the judgment that is the basis for a withholding action under this section;
b. Has satisfied the obligation represented by the judgment in full and is entitled to have the judgment cancelled; or
c. Does not have monthly disposable earnings or is not employed by the payor as stated by the Authority in its motion to the court.
d. Has family income at or below two hundred percent (200%) of the annual federal poverty guidelines.
(7) “Payor” means the person, firm, association or corporation by whom the debtor is employed.
(8) “Student loan” means a loan or loans made to eligible students or parents of students to aid in obtaining an education beyond the high school level. (1989, c. 475, s. 1.)