DAVIS LAKE COMMUNITY ASSOCIATION, INC., Plaintiff, v. WILLIAM FELDMANN and AUDREY M. OSZUST, Defendants, 138 N.C. App. 292

Summary

Plaintiff filed an action to collect past-due assessments plus reasonable attorney's fees from defendants; defendants counterclaimed for unfair debt collection practices in violation of state and federal laws. The trial court did not err in denying defendants' motion to amend their counterclaims because defendants could not have asserted a valid claim against plaintiff's counsel. Under state law, defendants pled a valid claim of unfair debt collection practices. Defendants, as homeowners, were consumers because they incurred an obligation for family or household purposes. By alleging that plaintiff represented to them that the amount needed to satisfy their $ 200.95 obligation included attorney's fees well in excess of the 15 percent limit, defendants satisfied the unfair or deceptive act requirement. Defendants must have been given written notice plus a five-day grace period to pay their outstanding balance. Plaintiff's forecast of evidence nowhere establishes that this requirement ...