Legal Opinion · Dissent

Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection Agency

Court of Appeals for the Eighth Circuit

Decided June 1, 1992No. 91-3025Published

1DissentMcMILLIAN, Circuit Judge

Because I disagree with the majority’s interpretation of the statute of limitations under the FDCPA, I respectfully dissent.

In my opinion, when a statute states “[a]n action ... may be brought ... within one year from the date on which the violation occurs,” its plain meaning is that an action may be brought on or before the one-year anniversary of the date on which the violation occurred. For example, if the violation occurred on January 1, 1991, a claimant must file on or before January 1, 1992. Likewise, a six-month limitation period would end on the six-month anniversary date of the…

2Cases cited12 opinions

  1. In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
  2. Robert L. Rust v. Quality Car Corral, Inc. And the Provident BankCourt of Appeals for the Sixth Circuit · 1980
  3. Gregory Lawson v. Conyers Chrysler, Plymouth, and Dodge Trucks, Inc.Court of Appeals for the Fifth Circuit · 1979
  4. Violet M. Maahs, and Alfred J. Maahs, Her Husband v. United StatesCourt of Appeals for the Eleventh Circuit · 1988
  5. Virginia McDuffee v. United StatesCourt of Appeals for the Eighth Circuit · 1985

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