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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.
Is dismissing a collection lawsuit a sign of guilt? A sign that the debt isn’t worth the fight? A combination of the two? Or something else entirely. A consumer in Virginia has filed a lawsuit against a debt buyer, accusing it of violating the Fair Debt Collection Practices Act because of the actions it took after filing a collection lawsuit against the plaintiff. The plaintiff is seeking $50,000 in actual damages, as well as statutory damages under the FDCPA, attorney’s fees and costs, and pre-judgment and post-judgment interest. The case was originally filed in Virginia state court, but has been removed to federal court by the defendants.
The background: The defendant filed a collection lawsuit against the plaintiff. As part of the proceedings, the defendant submitted an affidavit attesting to its ownership of the debt and why it was entitled to file suit in attempt to collect.
- The plaintiff served a subpoena on the defendant, which the defendant failed to respond to, according to the complaint. The plaintiff obtained an order compelling the response and when the defendant allegedly did not fully respond, the plaintiff filed an order to hold the defendant in contempt. Following the entry of that order, the court granted a request from the defendant to “non-suit” the action, which I think means the case was voluntarily dismissed.
- The defendant has taken no further steps to pursue collection action against the plaintiff, according to the complaint.
The claims: The suit accuses the defendant of violating Sections 1692e, 1692e(2)(A), 1692f, and 1692f(1) of the FDCPA through its actions in attempting to collect on the debt from the plaintiff.
- The harms allegedly suffered by the plaintiff include expended time and expense to defend against the collection lawsuit, as well as mental anguish, stress, aggravation, and “other related impairments to the enjoyment of life,” according to the complaint.
