BLUEFIELD – A Mercer County consumer alleges a debt collector attempted to collect a purported debt that was beyond the statute of limitations for collection.
Amanda Riffe, formerly known as Amanda Manes, individually and on behalf of all others similarly situated, filed a complaint Jan. 8 in U.S. District Court for the Southern District of West Virginia, Bluefield Division against Enhanced Recovery Co. LLC alleging that the debt collector violated the Fair Debt Collections Practices Act.
According to the complaint, the plaintiff alleges that on Sept. 8, 2017, she received a collection letter from the defendant seeking to collect an alleged debt that was beyond the statute of limitations for filing a legal action for collection. She alleges the letter did not advise that the alleged debt was beyond the statute of limitations and that any payment on it would restart the statute, and falsely stated that the alleged debt would be reported to credit reporting agencies.
The plaintiff holds Enhanced Recovery Co. LLC responsible because the defendant allegedly falsely representing the legal status of a debt.
The plaintiff requests a trial by jury and seeks actual damages with statutory penalty, attorney fees and costs and such other and further relief. She is 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, Bluefield Division case number 1:18-cv-00025