BECKLEY -- Bayview Loan Servicing and Bank of America are being sued by a West Virginia resident after allegedly engaging in improper debt collection methods.
William Clayton Fisher filed a lawsuit Dec. 23 in the Circuit Court of Raleigh County against Bayview Loan Servicing LLC and Bank of America NA, citing violations of the West Virginia Consumer Credit and Protection Act, common law negligence and intentional infliction of emotional distress.
The complaint says on Sept. 4, 2012, Fisher was granted a discharge under bankruptcy. The plaintiff states after the discharge was granted, the defendant began attempting to collect an unsecured and not legally collectible debt. In addition, the defendant continued to contact the plaintiff even though it was known the plaintiff had an attorney, according to the complaint.
Fisher is seeking actual damages, statutory damages, costs, fees, general damages and punitive damages. The plaintiff is represented by attorney Paul O. Clay Jr.
Raleigh Circuit Court Civil Action No. 13-C-1060-B