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ATTACHMENT 26

SAMPLE COMPLAINT (LAWSUIT)


FOR STUDENT LOAN

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

COUNTY OF (COUNTY FILED) DISTRICT COURT DIVISION

UNIVERSITY OF NORTH CAROLINA )


k/a (NAME OF UNIVERSITY) )
Plaintiff, )
)
v. ) COMPLAINT
)
(NAME OF DEBTOR) )
Defendant. )

_____________________________________________________________________________

The plaintiff, complaining of the defendant herein, alleges and says:

1. That the plaintiff University of North Carolina is a body corporate and politic,

created, governed and authorized to sue by N.C.G.S. 116-3. That the plaintiff, University of North

Carolina has its principal administrative offices in Chapel Hill, Orange County, North Carolina; that is a

constituent part of said University and has its administrative offices in County, North Carolina.

2. That the plaintiff is informed and believes and therefore alleges that defendant is

a resident of (DEFENDANTS COUNTY) County, North Carolina, and is not a mentally incompetent

person.

3. That pursuant to N.C.G.S. 116-3, plaintiff was authorized at the time of the loan

set out below to make loans for educational purposes and, in fact, made such loan.

4. That pursuant to the provisions of N.C.G.S. 116-174.1, persons of the age of seventeen

years and upwards have been given full power and authority to enter into contracts of indebtedness for

educational loans.
5. That defendant obtained such loans from plaintiff as evidenced by the loan notes

executed and delivered to plaintiff, true copies of which are attached hereto and marked EXHIBIT A.

6. That the loans came due at a time now past; that demand for payment of same has been

made of defendant who has refused and still refuses to pay the balance due thereon; and that there is now

due plaintiff the sum of $_________, with interest thereon at the rate of ______% per annum from and

after ____________________ .

7. Pursuant to the terms of the Promissory Note relating to the payment of legal fees and

other collection costs, and pursuant to N.C. Gen. Stat. 6-21.2(2) and (3), the plaintiff is further entitled to

a judgment against the defendant for fifteen percent (15%) of the principal and interest owing to the

plaintiff by the defendant under the Promissory Note as of the date of entry of a judgment against the

defendant.

WHEREFORE, plaintiff prays judgment against defendant, in the amount of $________, with

interest thereon at the rate of ____% per annum from and after __________________, to date of

judgment, and at the rate of 8% per annum thereafter until paid; legal fees of fifteen percent (15%) of the

principal and interest owing to the plaintiff by the defendant under the Promissory Note as of the date of

entry of a judgment; for the costs of this action; and for such other relief as the Court may deem just and

appropriate.

Respectfully submitted,

ROY COOPER
Attorney General

(NAME OF ATTORNEY)
Assistant Attorney General
N.C. Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
Telephone: (919) 716-6895
N.C. State Bar No. ____________

ATTACH 12 SAMPLE COMPLAINT