Lyons v. Michael & Assocs.
Plaintiff filed suit against defendants, debt collectors, alleging that they violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692i, when they sued her in the wrong judicial district to collect a debt that had been transferred to them. The district court concluded that the complaint was time-barred pursuant to the FDCPA’s one-year statute of limitations. The court concluded that, instead of applying Naas v. Stolman, the district court should have applied Mangum v. Action Collection Service, Inc., which is almost directly on point. The court held that the discovery rule applies equally regardless of the nature of the FDCPA violation alleged by a plaintiff. In this case, the court found that plaintiff's complaint was timely filed where she first learned of the collection action when she received service of process, and that she had no reason to suspect that she had been sued in Monterey County, a venue that is considerably distant from her residence in San Diego County. Accordingly, the court reversed and remanded. View "Lyons v. Michael & Assocs." on Justia Law