PORTFOLIO RECOVERY ASSOCIATES v. FREEMAN

No. COA11-220.

717 S.E.2d 43 (2011)

PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff, v. Richard E. FREEMAN, Defendant, Richard Freeman, on behalf of himself and all others similarly situated, Counterclaimant, v. Portfolio Recovery Associates, LLC, Defendant to Counterclaim.

Court of Appeals of North Carolina.

October 18, 2011.


Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi L.L.P., by Christopher W. Madel , Jennifer M. Robbins , and Nicole S. Frank , and Morris, Manning & Martin, LLP, by Caren D. Enloe , Durham, for plaintiff-appellee.

Hartzell & Whiteman, L.L.P., by J. Jerome Hartzell , Raleigh, North Carolina Justice Center, by Carlene McNulty , Sanford, and Daniel Rearick , and Martin, Attorney at Law, PLLC, by Angela O. Martin , Sanford, for defendant-appellant.


STEELMAN, Judge.

Where defendant failed to contest the existence of the arbitration agreement prior to the arbitration hearing and within the time period allowed by federal law after the award, this issue is not properly before this Court. Where defendant failed to file a motion to vacate the arbitration award, the trial court correctly confirmed the award. Where defendant's state law counterclaims did not fall within those permitted under 9 U.C.S. §§ 10...

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