Unifund CCR, LLC v. Francois
Court of Appeals of North Carolina
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.
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2Cases cited3 opinions
- Luke v. Omega Consulting Group, LCCourt of Appeals of North Carolina · 2009
- Gragg v. WM Harris & SonCourt of Appeals of North Carolina · 1981
- Davis v. Craven Cty. ABC Bd.Court of Appeals of North Carolina · 2018
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