PRINCETON – A Mercer County man alleges that a debt collector made false representations regarding his liability for an alleged debt.

Jonathan Gibson filed a complaint Sept. 15 in Mercer Circuit Court against AFNI Inc. alleging that the debt collector violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiff alleges that he sold a truck to Harry Starcher Jr. in July 2016 and canceled insurance coverage on that vehicle. The suit states that Starcher failed to have the vehicle titled in his name and was involved in an accident in the vehicle in October 2016. Progressive Insurance alleged that the plaintiff was responsible for the accident and sought to collect a subrogation claim and represented to the defendant that the plaintiff owed a debt, the suit states.

The plaintiff holds AFNI Inc. responsible because despite proof that he no longer owned the truck that was involved in an accident, defendant allegedly wrongfully asserted that he owed the alleged debt and continued to make collection calls, mail correspondence and threatened to revoke his license and to obtain a warrant unless he paid the amount of $8,845.13.

The plaintiff seeks all damages, litigation costs, fees and expenses and all further relief as the court deems meet and proper. He is represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville and Derrick W. Princeton of Gibson, Lefler & Associates in Princeton. The case has been assigned to Circuit Judge Derek C. Swope.

Mercer Circuit Court case number 17-c-351

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