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WEST VIRGINIA RECORD

Friday, April 19, 2024

Consumer alleges debt collectors broke law

Law money 01

CHARLESTON — A Raleigh County man is suing debt collectors, alleging deceptive collection practices.

Thomas Horton filed a lawsuit Sept. 16 in U.S. District Court for the Southern District of West Virginia against Jefferson Capital Systems LLC, D&A Services LLC and Fenton & McGarvey Law Firm PSC, alleging violation of the West Virginia Consumer Credit Protection Act.

According to the complaint, on Dec. 2, 2015, Horton began receiving collection letters from the defendants seeking to collect an alleged debt. Such debt, the suit says, was barred by the three-year statute of limitations. The plaintiff alleges the defendants attempted to collect a time-barred debt and failed to give the notice..

Horton seeks trial by jury, an order enjoining the defendant from attempting to collect the time-barred debt, a penalty of $1,000 for each violation of WVCCPA, attorney fees and court costs, plus all other relief. He is represented by attorneys Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

U.S. District Court for the Southern District of West Virginia Case number 5:16-cv-08949

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