CHARLESTON – A man is suing Live Well Financial Inc. after he claims it illegally attempted to collect a debt.
Compu-Link Corporation, which is doing business as Celink, was also named as a defendant in the suit.
At the time of his death, William Wayne Boster and Wanda Jean Boster owned a home in Nitro and, as part of the settling of the estate, Wanda Boster deeded ownership of the home to her son, William M. Boster Jr., according to a complaint filed July 3 in Kanawha Circuit Court and removed to federal court on Aug. 22.
William Boster Jr. later moved into the home to help care of his mother and it became his permanent residence.
William Boster Jr. claims in 2013, his mother’s health had deteriorated markedly and his mother was beyond her ability to pay for her home, which needed work.
The plaintiff sought, on his mother’s behalf, a reverse mortgage on the home and, at the closing, he was required to sign the documents as his mother’s agent and power-of-attorney, but not in his personal capacity, according to the suit.
William Boster Jr. claims his mother died in 2016.
On Nov. 16, William Boster Jr. received a letter from Samuel White PC that falsely represented that the terms of the fixed rate note-open end had been breached by failure to pay installments, although the note did not require installment payments at the time, according to the suit.
William Boster Jr. claims he was told by letter on Dec. 27, by the defendants’ debt collection agent that it would collect the amount claimed due by selling the home on the steps of the Kanawha Courthouse on Feb. 9.
The defendants actions were deceptive, misleading, unfair and unconscionable and caused William Boster Jr. to suffer substantial injury, according to the suit.
William Boster Jr. claims the defendants illegally attempted to collect a debt, which caused him damages.
William Boster Jr. is seeking declaratory and injunctive relief. He is being represented by Gary M. Smith of Mountain State Justice.
The defendants are represented by Jaime B. WIsegarver of Hirschler Fleischer.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03857
