BECKLEY – A Naoma resident alleges a debt collector sent him a confusing letter.
Eric Garretson, individually and on behalf of all others similarly situated filed a complaint Nov. 17 in U.S. District Court for the Southern District of West Virginia, Beckley Division against Sentry Credit Inc. and JH Portfolio Debt Equities LLC alleging that they violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Nov. 18, 2016, he received collection letter from Sentry on behalf of JH Portfolio regarding an alleged debt he originally owed to Synchrony Bank. The suit states the letter contained a warning that the Internal Revenue Service may require the creditor to report forgiven amount on a form 1099-C if a consumer settles. He alleges that this warning is false because there is not a requirement for the defendants to issue a 1099-C for a forgiven debt.
As a result, he alleges he was confused and was caused to incur costs and fees for consulting a counsel.
The plaintiff holds Sentry Credit Inc. and JH Portfolio Debt Equities LLC responsible because the defendants allegedly used false, deceptive or misleading representation in means in connection with the collection of a debt.
The plaintiff seeks actual and statutory damages, litigation expenses and any further relief as the court may deem proper. He is represented by Ralph C. Young, Christopher B. Frost and Steven R. Broadwater 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-04171