July 18, 2018

In a recently decided case, the North Carolina Court of Appeals reinforced the

maxim that resting on your legal rights will lead to a waiver of those rights. Unifund CCR, LLC v. Isabelle Francois, involved a “debt buyer’s” lawsuit to collect on old credit card debt.

The creditor sued Ms. Francois for $4,618 on credit card purchases that were more than three years old.  The complaint stated, apparently in error, that the suit was filed within the statute of limitations (three years).   Francois did not answer the lawsuit.  When the creditor appeared before Judge Becky T. Tin to obtain a default judgment, Judge Tin refused to hold Francois liable for the debt, finding that the debt was incurred more than three years prior to the suit, and that...

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