Mercer Co. woman accuses debt collector of illegal repossession

By Jenie Mallari-Torres | Apr 23, 2018

PRINCETON — A Mercer County woman is suing debt collectors, alleging illegal debt collection, tort of outrage, conversion, invasion of privacy and negligence.

Kathleen L. Helton filed a complaint March 20 in Mercer Circuit Court against Santander Consumer USA Inc. and F-5 Investigation Inc. alleging abusive, deceptive and unfair debt collection practices.

According to the complaint, on March 27, 2012, Helton purchased 2008 Jeep Patriot that was financed by Santander. Helton alleges she was annoyed, inconvenienced, harassed, and caused indignation and stress, by the defendants' unlawful conduct in the collection of an alleged debt by repossession of her vehicle without the timely notifications regarding Helton's account and her rights and obligations. 

The plaintiff alleges the defendants failed to provide her with adequate notices during the period of default before repossession of the vehicle, and continued to communicate directly to Helton despite knowing she was represented by counsel.

Helton seeks trial by jury, actual, general, statutory and punitive damages, attorney fees, costs of litigation, equitable relief and all relief the court deems just. She is represented by attorney W. Blake Belcher of Brewster, Morhous, Cameron, Caruth, Moore, Kersey and Stafford PLLC in Bluefield.

Mercer Circuit Court case number 18-C-82

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