NC General Statutes

N.C. Gen. Stat. § 1-20 (2026)

Disability must exist when right of action accrues

✓ current as of July 2026

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No person may avail himself of a disability except as authorized in G.S. 1-19, unless it existed when his right of action accrued. (C.C.P., s. 48; Code, s. 169; Rev., s. 365; C.S., s. 410.)

Notes of Decisions

Cited in 4 cases, 1957–2016 · leading case: Fulp v. Fulp, 140 S.E.2d 708 (N.C. 1965).

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Fulp v. Fulp, 140 S.E.2d 708 (N.C. 1965). “At the time the wife in that case became the owner of her husband’s note, the subject of the suit, the note was already due.”

Goodwin, by & Through Hales v. Four Cnty. Elec. Care Trust, Inc., 795 S.E.2d 590 (N.C. Ct. App. 2016). · cites it 2× “See also N.C. Gen. Stat. § 1-20 (2015) ("No person may avail himself of a disability except as authorized in G.”

Shearin v. Lloyd, 98 S.E.2d 508 (N.C. 1957). “1-17; G.S. 1-20; White v. Scott, 178 N.C. 637 , 101 S.”

Davis v. Sugarman, 664 S.E.2d 666 (N.C. Ct. App. 2008). · cites it 2× “This argument is without merit. Per the plain language of the statutes governing the tolling of statutes due to disability, the disability must exist at the time the action accrued in order to toll the statute of limitations.”

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