Kyla Asbury Jan. 18, 2013, 5:01am
WHEELING – A lawsuit involving AIS Recovery Solutions has been removed from Ohio County Circuit Court to the U.S. District Court for the Northern District of West Virginia at Wheeling because the action involves citizens of different states.
AIS Recovery Solutions is doing business as American Info Source.
Cavalry Portfolio Services, LLC; and Cavalry Investments, LLC were also named as defendants in the suit.
Nicholas Stewart and Thomas Edward Jones filed the lawsuit after AIS filed claims on behalf of Calvary against their deceased family members’ estates, according to a notice of removal filed Jan. 11 in the U.S. District Court for the Northern District of West Virginia at Wheeling.
James Stewart Jr. died on Nov. 21, 2011, and on May 23, the defendant filed a claim in the amount of $1,065.56, claiming the debt arose prior to Jan. 10, 2000, according to the suit.
Annette Irene Jones died on Sept. 11, 2011, and on May 11, the defendant filed a claim in the amount of $853.26, claiming the debt arose out of an account opened on Dec. 7, 2000, and the payment made was on Aug. 17, 2001, according to the suit.
Nicholas Stewart and Thomas Jones claim the alleged attempted collection of a time-barred debt is in violation of the West Virginia Consumer Credit and Protection Act.
The plaintiffs bring the action individually and as administrators of the named estates and on behalf of all others similarly situated under Rule 23 of the West Virginia Rules of Civil Procedure, according to the suit.
The lawsuit was removed to federal court from Ohio Circuit Court because the amount in controversy exceeds $75,000 and because the action is between citizens of different states, the removal notice says.
Nicholas Stewart and Thomas Jones are seeking an order prohibiting defendants and/or their agents from altering, deleting or destroying any documents or records which could be used to identify the members of the class; certification of the proposed class; judgment on the legal claims asserted in the suit; and compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Jason E. Causey and Christopher J. Regan of Bordas & Bordas, PLLC.
U.S. District Court for the Northern District of West Virginia at Wheeling case number: 5:13-cv-2