Tolling the Statute of Limitations by Initiating Administrative Processes

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A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are starting an administrative process. One could argue that while you were in that process the statute of limitations on certain claims should be tolled.

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3 thoughts on “Tolling the Statute of Limitations by Initiating Administrative Processes

  1. With respect to TILA, TILA cannot be extended for rescission according to the USSC in its Beech Case in 1998.

    Don’t misled borrowers Ginny to believe otherwise.

    Whether the statute of limitations can be administratively extended by administrative complaints, that would be determined by the language of each statute, yes or no, and I do not recall there being such an extension in any of the other consumer statutes referred to.

    Gary Victor Dubin Dubin Law Offices Harbor Court, Suite 3100 55 Merchant Street Honolulu, Hawaii 96813

    gdubin@dubinlaw.net (808) 537-2300 (office) (808) 392-9191 (cellular) (808) 523-7733 (facsimile)

    Licensed in California and Hawaii

    >

  2. What about filing a complaint with the county district attorney? Would that be an administrative process?

    How about filing a police report?

    Another question. When there was the IFR (Independant Foreclosure Review) which resulted in those OCC Consent Orders and then some checks sent to foreclosure victims – would that be an administrative process? I personally wrote letters to the OCC with complaints, but I cant recall which organization ordered the IFR. Congress?

  3. > One could argue that while you were in that process the statute of limitations on certain claims should be tolled.

    You could only make that argument if you could cite statutes & case law to support it. There are several statutes which require you to “exhaust all administrative remedies” BEFORE a civil suit is filed. Many cases have been dismissed (under Rule 12(b)(6), failure to state a claim upon which relief may be granted) because the Plaintiff had not “exhausted all administrative remedies” first.

    But statutes of limitations are usually specific & most administrative regulations are too. Arguing that a statute of limitations “should” be tolled is a waste of time because the statute itself will specify when / how it can be tolled. If the statute is poorly worded you might be able to attack the statute itself, but the “should be” argument is frivolous — make your argument to CONgress or to your State legislature — to modify the existing statute(s) of limitations.

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