North Carolina General Statutes 1C-1825. Asserting and defending foreign-money claims
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Terms Used In North Carolina General Statutes 1C-1825
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Foreign money: means money other than money of the United States. See North Carolina General Statutes 1C-1820
- Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See North Carolina General Statutes 1C-1820
- Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See North Carolina General Statutes 1C-1820
- Money of the claim: means the money determined as proper for payment of the claim pursuant to N. See North Carolina General Statutes 1C-1820
- Person: means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. See North Carolina General Statutes 1C-1820
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant shall make the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim pursuant to N.C. Gen. Stat. § 1C-1823 is a question of law. (1995, c. 213, s. 1.)