In Koch v. 704 Group, plaintiff alleged that defendant violated the FDCPA by filing a collection lawsuit on a debt that was time barred.  Defendant moved for summary judgment, arguing that the suit was filed two days beyond the limitation period due to a delay and error by a filing vendor, and that the suit was discontinued immediately upon learning that it was filed late.  The court granted the motion, finding that the lawsuit was unintentionally filed late by the vender, defendant did not attempt to continue to prosecute the claim upon learning it was late and that plaintiff suffered no harm.

► Back to News & Resources