Unifund CCR, LLC v. Lowe

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Lorene Lowe had two credit cards issued by Citibank, N.A. Citibank sold both credit card accounts to Pilot Receivables Management, LLC, and in late 2012, it assigned the accounts for collection to Unifund CCR, LLC. On December 2, 2013, Unifund filed this action to collect on Account No. 2085, and on May 23, 2014, it filed an amended complaint to add a claim to collect on Account No. 0415. Lowe filed an answer asserting the affirmative defense of the statute of limitations and four counterclaims. Both parties moved for summary judgment, with the primary issue being the applicable statute of limitations. Unifund contended that the applicable statute of limitations was a five-year statute applicable to an action on a written contract, and Lowe contended that the applicable statute of limitations was a four-year statute applicable to an action on an oral contract. Both parties agreed that the statute of limitations began to run on each account on the date of the last payment. The district court ruled that the five-year statute of limitations applied. Lowe then agreed to withdraw her counterclaims in exchange for an offset of $500 against the amount of any judgment obtained by Unifund. The district court entered a judgment against her in the sum of $35,259.87, which included the principal, prejudgment interest, court costs and attorney fees. Lowe then timely appealed. Finding no reversible error, the Supreme Court affirmed. View "Unifund CCR, LLC v. Lowe" on Justia Law