BECKLEY – Two consumers have filed a class-action lawsuit against a debt collector over allegations it is attempting to collect time-barred debts.
Stephanie Adkins and Douglas Short, individually and on behalf of all others similarly situated, filed a complaint Oct. 3 in U.S. District Court for the Southern District of West Virginia, Beckley Division against Midland Credit Management Inc. alleging that the debt collector violated the West Virginia Consumer Credit Protection Act.
According to the complaint, the plaintiffs allege that they received letters from the defendant on three separate occasions this year in its attempt to collect an alleged debt that was beyond the statute of limitations to filing a legal action to collect. They allege the letters did not advise that any payment on the alleged debt would re-start the statute of limitations.
The plaintiffs seek an order enjoining defendant from attempting to collect time-barred debts, award for actual damages and statutory penalties, attorney's fees, costs and any further relief as the court deems appropriate. They are represented by Ralph C. Young, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.
U.S. District Court for the Southern District of West Virginia Beckley Division case number 5:17-cv-04107