How do I get a copy of the payment plan agreement I made with a bank or creditor if I can’t find the paperwork? – North Carolina

Short Answer

In North Carolina, the fastest way to replace missing payment-plan paperwork is to request it directly from the bank or creditor in writing and ask for a copy of the agreement (or any “hardship,” “workout,” or “repayment plan” terms) plus a full payment history. If the debt is being handled in a probate estate, the personal representative can also request that the creditor provide enough documentation to support any creditor claim filed against the estate. If the creditor cannot produce a signed agreement, account statements and written confirmations often still show the plan terms and payment activity.

Understanding the Problem

In a North Carolina probate matter, a personal representative or an estate’s law office may need proof of a payment plan with a bank or other creditor to evaluate an estate debt and respond to a creditor claim. The decision point is whether the creditor can provide written documentation showing the payment plan terms (amount, due date, duration, interest/fees, and default terms) and the account history that matches the payments being made. If the paperwork is missing, the issue becomes how to request replacement copies and what to do if the creditor only has limited records.

Apply the Law

North Carolina probate law generally expects creditor claims against an estate to be presented in writing and to state the amount and basis for the claim. In practice, when a claim is unclear or unsupported, the personal representative typically asks the creditor for documentation that shows what is owed and why, and may request a sworn statement supporting the claim. For certain home-loan servicing situations, North Carolina law also provides a process for a borrower to request account information and documents from the servicer within set timeframes.

Key Requirements

Identify the account and the plan: The request should include the account number (or enough identifying information), the borrower/debtor name, and a clear description of what is being requested (repayment plan agreement, modification letter, workout terms, or written confirmation of the plan).
Request supporting claim documentation: If the creditor is asserting a probate claim, the request should ask for documents showing the basis for the claim and the amount due (statements, itemization of fees/interest, payment history, and any contract terms relied on).
Keep the probate timeline in mind: Estate creditor claims have strict presentment deadlines, and disputed or rejected claims can trigger short windows to file suit. Missing paperwork should be addressed early so the estate can decide whether to allow, negotiate, or dispute the claim.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A, Article 19 (Claims Against the Estate) – sets the framework for how claims are presented, handled, and potentially barred in North Carolina estate administration.
N.C. Gen. Stat. § 45-93 (Borrower requests for information) – provides a process (in covered home-loan servicing situations) for requesting account information and certain documents, with response timelines and limits on fees for additional statements.

Analysis

Apply the Rule to the Facts: Here, the missing item is the written payment plan agreement and any paperwork tied to an additional creditor claim. The practical goal is to obtain (1) something that states the plan terms and (2) a payment history that matches the monthly amount remembered. If the creditor has filed (or may file) a probate claim, the estate typically needs enough documentation to confirm the basis and amount of the claim and to decide whether to request a sworn verification or dispute the claim.

Process & Timing

Who requests: The account holder/debtor, or (in probate) the personal representative/estate representative through counsel. Where: The creditor’s billing address for “correspondence,” “disputes,” or “requests for information” (often shown on monthly statements), and any online message center the creditor provides. What: A written request for (a) a copy of the repayment/payment plan agreement (or any modification/workout letter), (b) a complete payment history, (c) an itemization of fees/interest, and (d) the current payoff or reinstatement amount if relevant. When: As soon as the estate is asked to produce the paperwork, and before any deadline to respond to or evaluate a creditor claim.
Follow up and document the trail: If the first response is incomplete, follow up in writing and ask the creditor to confirm in writing whether a signed agreement exists, and if not, to provide the documents the creditor relies on to enforce the plan (letters, emails, internal notes, or statements showing the plan payment amount and due date). Keep copies of letters, fax confirmations, certified mail receipts, and any portal confirmations.
Use the probate file if a claim was filed: If the creditor filed a formal claim with the Clerk of Superior Court as part of the estate, request a copy of what was filed and compare it to the creditor’s supporting documents. If the claim appears unsupported or incorrect, the personal representative can address it through the estate claims process (including requesting verification and deciding whether to allow or reject the claim).

Exceptions & Pitfalls

“No agreement on file” does not always mean “no obligation”: Some plans are confirmed by letter, email, or statement messages rather than a signed contract. The creditor may still rely on account terms plus written confirmations and payment history.
Calling only customer service: Phone calls often do not produce the documents needed for probate. A written request (and keeping proof it was sent) usually works better.
Requesting the wrong thing: Ask for “repayment plan,” “workout plan,” “hardship plan,” “modification,” and “payment arrangement” documents, plus the payment history and itemization. Different creditors label the same concept differently.
Not matching names/authority: If the debtor is deceased, the creditor may require proof of authority (letters testamentary/letters of administration) before releasing documents. Sending that proof early can prevent delays.
Probate claim disputes have short windows: If a claim is rejected, the creditor may have a limited time to sue. Likewise, the estate should not wait until late in administration to investigate unclear claims.

Conclusion

In North Carolina, replacing missing payment-plan paperwork usually starts with a written request to the bank or creditor for the agreement (or any written confirmation of the plan terms) and a complete payment history and itemization. In a probate case, the personal representative can also require enough documentation to evaluate any creditor claim and decide whether to allow it. The next step is to send a dated written request to the creditor’s correspondence or disputes address and keep proof of delivery, because estate claim deadlines can move quickly.

Talk to a Probate Attorney

If you’re dealing with missing payment-plan paperwork while trying to evaluate an estate debt or creditor claim, our firm has experienced attorneys who can help explain the probate claims process and the timelines that matter. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.