Legal Opinion

Unifund CCR, LLC v. Francois

Court of Appeals of North Carolina

Decided July 17, 2018No. COA18-111PublishedCited by 4 opinions

1Opinion of the Court

DIETZ, Judge.

Plaintiff Unifund CCR, LLC brought a debt collection action against Defendant Isabelle Francois and obtained an entry of default after Francois failed to appear and respond to Unifund's complaint.

At the default judgment hearing-where Francois again failed to appear-the trial court, on its own initiative, denied Unifund's motion for default judgment and dismissed the complaint, concluding that the complaint was barred by the statute of limitations and violated a statutory provision prohibiting debt collectors from pursuing claims they know are barred by the statute of limitations.

W…

2Cases cited3 opinions

  1. Luke v. Omega Consulting Group, LCCourt of Appeals of North Carolina · 2009
  2. Gragg v. WM Harris & SonCourt of Appeals of North Carolina · 1981
  3. Davis v. Craven Cty. ABC Bd.Court of Appeals of North Carolina · 2018

3Cited by4 opinions

  1. Azure Dolphin, LLC v. BartonSupreme Court of North Carolina · 2018
  2. Hart v. Dwm Advisors, LLCNorth Carolina Business Court · 2026
  3. State v. LingerfeltSupreme Court of North Carolina · 2026
  4. Townes v. Portfolio Recovery Assocs.Court of Appeals of North Carolina · 2020

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