Notice Starts Clock On Wrong-Venue FDCPA Claims: 5th Circ.

Law360, New York (October 8, 2013, 2:14 PM EDT) -- The Fifth Circuit on Monday revived a suit accusing a debt collector of violating federal law by suing in the wrong venue after determining that a one-year statutory clock begins ticking not when an action is filed but when the targeted party learns of that suit.

A divided appeals panel reversed the dismissal of Rolando Serna’s Fair Debt Collection Practices Act suit against the Law Office of Joseph Onwuteaka PC over claims Onwuteaka brought debt collection claims against him in the wrong Texas county, saying the...
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Case Information

Case Title

Rolando Serna v. Law Office of Joseph Onwuteaka, et al

Case Number



Appellate - 5th Circuit

Nature of Suit

3480 Consumer Credit

Date Filed

July 31, 2012


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