FAYETTEVILLE – A Fayette County consumer alleges a debt collector attempted to collect a time-barred debt.
Lisa Bennet, individually and on behalf of all others similarly situated, filed a complaint Nov. 7 in Fayette Circuit Court against Tate and Kirlin Associates Inc. alleging that the Pennsylvania corporation violated the West Virginia Code.
According to the complaint, the plaintiff defaulted on an Ally Financial contract and that debt was charged off in September 2010. The suit states the account was placed with the defendant for collection.
The plaintiff alleges that in December 2014, she received the initial letter from defendant attempting to collect the debt after more than four years had elapsed since she had made her last payment.
The plaintiff holds Tate and Kirlin Associates Inc. responsible because the defendant allegedly attempted to collect a debt that was beyond the statute limitations for filing a legal action for collection and failed to include the time-barred debt disclosures.
The plaintiff seeks cancellation of the alleged debt, actual and statutory damages, attorney's fees, costs and any other relief as the circumstances warrant. She is represented by Ralph C. Young, Christopher B. Frost and Steven R. Broadwater Jr. of Hamilton, Burgess Young & Pollard PLLC in Fayetteville; and James G. Bordas and Jason E. Causey of Bordas & Bordas PLLC in Wheeling. The case has been assigned to Circuit Judge John W. Hatcher Jr.
Fayette Circuit Court case number 17-C-323