Texas Court Denies Defendants’ Motion to Dismiss FDCPA Claim Over Statute of Limitations Defense
By EsqSocial Corporation 29/10/20
The Eastern District of Texas recently denied a motion to dismiss for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), holding that a garnishment action initiated eight years after the plaintiff had obtained a default judgment was not subject to the FDCPA’s one-year statute of limitations provision because the default judgment was obtained in the wrong venue....
By: Troutman Pepper