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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
A collection law firm is facing a Fair Debt Collection Practices Act class action for allegedly filing a collection lawsuit against the plaintiff in an entirely different state than the one the plaintiff resides in, even though it included statements in the complaint that the creditor sent to the plaintiff that had the correct address on it.
The Background: Earlier this month, the defendant filed a collection lawsuit against the plaintiff in Palm Beach County Court in Florida. The complaint alleges that the venue is proper because the plaintiff is a resident of that county or because the agreement was executed in that county.
- The plaintiff alleges she does not live in Palm Beach County nor was the agreement executed in Palm Beach County. Furthermore, the plaintiff said the complaint included copies of account statements that were sent by the original creditor to the plaintiff and the address on those statements is in the state of New York.
- Along with the usual emotional harm associated with being sued and not being able to defend herself, as well as expending money and time in an effort to mitigate the risk of future financial harm, the plaintiff suffered the extreme embarrassment of having the lawsuit served on a residence that is not hers.
The Claims: The lawsuit accuses the defendant of violating Sections 1692d, 1692e, 1692e(10), and 1692f of the FDCPA.
- The suit seeks to include anyone living in New York who had a lawsuit filed to collect a debt owed by the creditor that was in a jurisdiction in which the plaintiff was neither a resident nor where the agreement was executed.
