Spencer couple sues banks for collection violations

By Kyla Asbury | Jun 22, 2010

CHARLESTON -- A Spencer couple is suing IndyMac Bank and One West Bank after they claim they continued to contact them to collect debt after they filed for bankruptcy.

On March 20, 2008, Charles Edward McNeely and Virginia Black McNeely met with an attorney to discuss debts and possible filing for bankruptcy, according to a complaint filed May 21 in Kanawha Circuit Court.

The McNeelys claim the defendants continued to contact them in an attempt to collect debt, despite being advised they had retained counsel.

After filing for bankruptcy, the McNeelys again notified the defendants that they had retained an attorney and filed for bankruptcy, but that they continued to contact them about debt collection, according to the suit.

The McNeelys claim the defendants' attempts were through unfair and unconscionable means by contacting them directly, instead of through their attorney.

The McNeelys are seeking statutory damages in the amount of $20,000 and punitive damages in the amount of $20,000. They are being represented by Brian R. Blickenstaff.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-920

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