News & Analysis as of July 30, 2025

Statute of Limitations › Debt Collection

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Tax Court Has De Novo Review Over Tax-Related Passport Denial/Revocation Cases

Freeman Law on 6/20/2025

In a recent case of first impression, the U.S. Tax Court has held that it does not have to rely solely upon the administrative record in determining whether the IRS erroneously certified a taxpayer as having a seriously...more

How Long Does a Judgment Last in Texas?

Hendershot Cowart P.C. on 6/9/2025

If you've won a lawsuit and obtained a money judgment in Texas, how long do you have to collect this debt? The short answer is 10 years. However, Texas judgments don't simply expire after a set period. They follow a...more

Enforcing Out-of-State and Foreign Judgments in Texas

Hendershot Cowart P.C. on 4/7/2025

You won your case, but how do you enforce the judgment, especially if the debtor’s assets are in another state? To collect in Texas, you need a judgment that’s valid in Texas. If your judgment is from out of state — a foreign...more

Litigation Byte (December Edition)

McGlinchey Stafford on 1/3/2025

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

6th Circuit: Hospital authorization forms were written contracts

Orrick, Herrington & Sutcliffe LLP on 12/24/2024

On December 3, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court ruling that a collection agency did not violate the FDCPA by collecting medical debts within the state’s statute of limitations. The...more

Sixth Circuit Confirms No FDCPA Violation for Debt Collection Within the Statute of Limitations

Troutman Pepper Locke on 12/18/2024

The U.S. Court of Appeals for the Sixth Circuit recently affirmed that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it threatened legal action to collect debts that were still within...more

FCRA Claims Survive Dismissal Over Challenges to Standing and Statute of Limitations

McGlinchey Stafford on 12/6/2024

A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s...more

Challenge to Collection Due Process? Will Supreme Court Affirm IRS’s Offset of Valid Refund With Disputed Tax Liability?

Rivkin Radler LLP on 10/31/2024

Earlier this year the IRS announced that, as part of its larger compliance efforts begun last fall under the Inflation Reduction Act, the agency’s stepped-up enforcement activity with respect to high wealth, high income...more

Georgia Federal Court Holds that Service of a Complaint Triggers the Statute of Limitations for a Subsequent FDCPA Claim

Troutman Pepper Locke on 10/2/2023

On August 24, the U.S. District Court for the Southern District of Georgia denied the defendant’s motion to dismiss claims asserted under the Fair Debt Collections Practices Act (FDCPA), holding that for claims based on...more

Ninth Circuit confirms discrete actions in debt collection litigation can trigger FDCPA one-year statute of limitations

Ballard Spahr LLP on 8/28/2023

A panel of the U.S. Court of Appeals for the Ninth Circuit recently held that because of the timing of a filing in a collection action against a student loan borrower, his claim that debt collectors violated the Fair Debt...more

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

Troutman Pepper Locke on 8/10/2023

On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...more

Washington Becomes Latest State to Decide Bankruptcy Impact on Debt Collection Statute of Limitations

Troutman Pepper Locke on 8/1/2023

In April, we discussed how Colorado’s state supreme court issued its highly anticipated decision confirming a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of...more

Ninth Circuit Clarifies When One-Year FDCPA Statute of Limitations Begins To Run

Womble Bond Dickinson on 7/27/2023

A recent Ninth Circuit decision confirmed that the one-year statute of limitations under the Fair Debt Collection Practices Act (FDCPA) begins to run when a collection attorney takes the last action that could independently...more

Revival of Time-Barred Zombie Mortgages May Come Back to Haunt Debt Collectors

Bilzin Sumberg on 6/14/2023

Last month, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on the attempted enforcement of time-barred alleged debt collection rights as to second mortgage loans. It is a violation of the Fair Debt...more

CFPB Issues Guidance to Protect Homeowners from Zombie Mortgages

Sheppard Mullin Richter & Hampton LLP on 5/5/2023

On April 26, 2023, the CFPB issued an advisory opinion, which reiterated that the FDCPA and Regulation F prohibit certain debt collectors from suing to collect on debt or threatening to foreclose on homes with mortgages past...more

CFPB Issues Advisory Opinion on Debt Collection Practices

Shipkevich PLLC on 4/26/2023

On April 26, 2023, the Consumer Financial Protection Bureau (CFPB) released an advisory opinion to clarify that it is against the law for a debt collector to sue or threaten to sue in order to collect a time-barred debt, as...more

Pennsylvania appellate court rejects claim that dunning letter sent post-expiration of the statute of limitations violated law

Ballard Spahr LLP on 4/5/2023

On March 30, 2023, a three-judge panel of the Superior Court of Pennsylvania held in a precedential opinion that debt collectors can send collection letters to debtors after the expiration of the statute of limitations...more

Federal District Court Dismisses Plaintiff’s FDCPA and FCCPA Action as Time-Barred — Holds Subsequent Filings Made in Foreclosure...

Troutman Pepper Locke on 3/30/2023

A federal district court in the Middle District of Florida recently dismissed a pro se plaintiff’s Fair Debt Collection Practices Act (FDCPA) and Florida Consumer Collection Practices Act (FCCPA) action as time-barred because...more

CFPB Proposes Order in Massive Action Against Debt Collection Company

Shipkevich PLLC on 3/29/2023

On March 23, 2023, the Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States, Portfolio Recovery Associates (PRA), for various violations of law,...more

U.S. Court of Appeals Issues Important Ruling on Time Limits to Sue Under Fair Debt Collection Practices Act

Foster Swift Collins & Smith on 3/27/2023

On March 1, 2023, the U.S. Sixth Circuit Court of Appeals issued a decision with important implications for parties involved in debt collections regulated under the Fair Debt Collection Practices Act (FDCPA). The decision, in...more

Is My FDCPA Claim Timely? - McGlinchey Commercial Law Bulletin - March 14, 2023

McGlinchey Stafford on 3/15/2023

Ohio- Statute of Limitations Under FDCPA- Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023). In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more

6th Circuit: Each alleged FDCPA violation carries its own statute of limitations

Orrick, Herrington & Sutcliffe LLP on 3/9/2023

On March 1, the U.S. Court of Appeals for the Sixth Circuit reversed the dismissal of a debt collection action, holding that every alleged violation of the FDCPA has its own statute of limitations. According to the opinion,...more

Ten Years After - The IRS Collection Statute of Limitations

Gerald Nowotny - Law Office of Gerald R.... on 11/22/2022

I was a youngster for the Woodstock Music and Art Fair commonly known as Woodstock took place in Bethel, NY between August 15-18, 1969. Frankly, I never knew anyone growing up in the Canal Zone that attended in person. The...more

Arizona Supreme Court Rules Recording a Notice of Sale Does Not Trigger Final Statute of Limitations Period to Collect Debt

Troutman Pepper Locke on 9/6/2022

The Arizona Supreme Court just issued a significant and favorable foreclosure statute of limitations decision in Bridges v. Nationstar Mortgage LLC, — P.3d —, 2022 WL 3905320. It held that recording a notice of trustee’s sale...more

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on 7/11/2022

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

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Statute of Limitations › Debt Collection

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