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NC General Statutes

N.C. Gen. Stat. § 1-76.1 (2026)

Where deficiency debtor resides or where loan was negotiated

✓ current as of July 2026
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Subject to the power of the court to change the place of trial as provided by law, actions to recover a deficiency, which remains owing on a debt after secured personal property has been sold to partially satisfy the debt, must be brought in the county in which the debtor or debtor's agent resides or in the county where the loan was negotiated. (1977, c. 383, s. 1.)

 

Notes of Decisions
Cited in 4 cases, 1985–2002 · leading case: Centura Bank v. Miller, 532 S.E.2d 246 (N.C. Ct. App. 2000).
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Centura Bank v. Miller, 532 S.E.2d 246 (N.C. Ct. App. 2000). · cites it 10× “” N.C. Gen. Stat. § 1-76.1 (1999) (emphasis added).”
First S. Sav. Bank v. Tuton, 443 S.E.2d 345 (N.C. Ct. App. 1994). · cites it 6× “Defendants in their answer included a motion for change of venue under N.C. Gen. Stat. §§ 1-76.1 and 1-83(1) (1983).”
M & J Leasing Corp. v. Habegger, 334 S.E.2d 804 (N.C. Ct. App. 1985). · cites it 2× “Defendant contends that under the terms of both G.S. 1-76.1 and G.S. 1-76(4) the trial court was required to transfer this case to Davie County, where he resides and the leased articles are situated.”
Conseco Fin. Servicing Corp. v. Dependable Hous., Inc., 564 S.E.2d 241 (N.C. Ct. App. 2002). · cites it 28× “or change of venue, alleging that plaintiff: (1) asserted false allegations in its complaint, with knowledge of their falsity; (2) deliberately allowed the collateral, after default, to remain on unguarded lots thus reducing its value; (3) after electing performance rather than…”
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