Poca man sues companies for unlawful debt collection
Kyla Asbury Jun. 18, 2012, 5:48am
CHARLESTON -- A Poca man is suing NCO Financial Systems and Capital One Bank after he claims they attempted to collect debt from him even after he was represented by counsel.
On Dec. 19, 2011, Gregory W. Carr notified the defendants that he disputed an alleged debt and was represented by counsel and provided the defendants with counsel's name and address, according to a complaint filed May 24 in Kanawha Circuit Court.
Carr claims from Dec. 19, 2011, through February, the defendants embarked upon a course of action to harass and abuse in an effort to collect from him.
The defendants telephoned Carr on at least 35 occasions, according to the suit.
Carr claims the defendants' course of conduct was pursued intentionally or by reckless indifference to inflict fear and emotional distress.
The defendants' effort to unlawfully collect the alleged debt violated West Virginia code, according to the suit.
Carr is seeking civil penalties in the amount of $4,600 for each of the defendants' violations of West Virginia code and punitive damages. He is being represented by Daniel F. Hedges.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 12-C-963