CLARKSBURG – A Morgantown consumer claims debt collectors misrepresented the character, amount or legal status of an alleged debt.
Kasey J. Kesner filed a complaint Jan. 1 in U.S. District Court for the Northern District of West Virginia Clarksburg Division against Midland Funding LLC, Encore Capital Group Inc., et al. alleging that they violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges Midland filed a complaint against her in January 2017 in Monongalia Circuit Court over allegations she owed $4,863.25 on an Old Navy account. She alleges she has moved to dismiss the complaint, which remains pending.
The plaintiff holds Midland Funding LLC, Encore Capital Group Inc., et al. responsible because she alleges she does not owe any amount to the defendants, the defendants cannot establish she owes the alleged debt, and because the defendants brought legal action in a location other than where the contract was signed or where the consumer lives.
The plaintiff requests a trial by jury and seeks actual and statutory damages, attorney’s fees and costs, and any further relief that the court may deem just and proper. She is represented by Jeffrey V. Mehalic of Law Offices of Jeffrey V. Mehalic in Morgantown.
U.S. District Court for the Northern District of West Virginia, Clarksburg Division case number 1:18-cv-00001
