Lyons v. Michael & Associates

Federal Debt Collection Practices Act’s one-year statute of limitations began to run when debtor discovered (or reasonably should have discovered) that a collections suit was filed against her—not when the suit was actually filed.  Discovery rule tolling applies to the FDCPA’s one-year statute of limitations.  Mangum v. Action Collection Service, Inc., 575 F.3d 935 (9th Cir. 2009).  Here, plaintiff sued based on defendant’s having filed a collection action in a county where the contract was not made and she did not live.  Because plaintiff discovered the suit only when it was served on her, the limitations period began to run at that time, not the earlier date on which the collection action complaint was filed.  Naas v. Stolman, 130 F.3d 892 (9th Cir. 1997) does not hold to the contrary.  Discovery rule tolling was not raised in that case.

Ninth Circuit Court of Appeals (Nguyen, J.); June 8, 2016; 2016 WL 3192623


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