Man sues U.S. Bank National Association, others for failing to abide by settlement agreement

By Kyla Asbury | Aug 8, 2017

BECKLEY – A man is suing U.S. Bank National Association after he claims it failed to abide by the terms of a settlement agreement reached last year.

Monarch Recovery Management Inc. and Weltman, Weinberg & Reis Co. LPA were also named as defendants in the suit.

Raleigh Circuit Court retains jurisdiction of this matter to enforce the provisions and agreement pursuant to the General Release and Settlement Agreement reached by the plaintiff and defendants last year, according to a complaint filed June 30 in Raleigh Circuit Court and removed to federal court on July 24.

Dayton Waugh III  claims he brought a claim against the defendants in April 2015, alleging unlawful debt collection and the matter was resolved in May 2016.

Nonetheless, despite the agreement, the defendants continue to attempt to collect the deficiency balance from the plaintiff, according to the suit.

Waugh claims post-settlement, the defendants have intentionally and maliciously breached the settlement agreement by violating all of the material terms, thereby causing him harm, actual damages, general damages and entitling him to punitive damages.

The defendants have violated the West Virginia Consumer Credit and Protection Act and invaded Waugh’s privacy, according to the suit.

Waugh claims they have also breached their contract with him.

Waugh is seeking compensatory and punitive damages. He is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard.

U.S. Bank is represented by Jared M. Tully of Frost Brown Todd.

U.S. District Court for the Southern District of West Virginia case number: 5:17-cv-03694

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Organizations in this Story

Hamilton, Burgess, Young & Pollard, PLLC U.S. District Court for the Southern District of West Virginia Beckley Division

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