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...

Please reload

We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

  • YouTube Social  Icon
  • Facebook Social Icon

©2019 by Wimer Snider, P.C.

site by web star