United States Ninth Circuit
Avery v. First Resolution Mgmt. Corp., 07-35726
In a Fair Debt Collection Practices Act (FDCPA) action based on Defendants' alleged attempt to collect a time-barred debt, summary judgment for Defendants is affirmed where the underlying debt was not time-barred, because the New Hampshire statute of limitations was tolled while Plaintiff could not be served within the state. (Amended opinion)
Appellate Information
- Argued 03/04/2009
- Decided 05/22/2009
- Published 05/22/2009
Judges
- MILAN D. SMITH, JR., Circuit Judge:, Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Danny H. Gerlt, Portland, OR, for the plaintiff-appellant.
- For Appellees:
- David A. Jacobs, Luvaas Cobb, Daniel N. Gordon P.C., Eugene, OR, for the defendants-appellees.