Customer alleges Huntington National Bank continued to collect debt despite bankruptcy filing

By Noddy A. Fernandez | Jul 5, 2018

CLARKSBURG — A customer is suing a bank, alleging fraud and unjust enrichment.

Eric Facemire filed a complaint May 21 in Harrison Circuit Court against Huntington Bancshares Inc. doing business as The Huntington National Bank, alleging violation of the West Virginia Consumer Protection Act.

According to the complaint, on March 23, 2011, Facemire filed for Chapter 7 bankruptcy, which instituted an automatic stay of all debt collections actions or proceedings and received a discharge to debts including the one from defendant. 

However, Facemire says Huntington National continued to collect on the debt for 74 months and made withdrawals of approximately $26,250. 

The plaintiff alleges Huntington National Bank continued to collect on a debt on which plaintiff was legally discharged after he field a discharge from Chapter 7 bankruptcy.

Facemire seeks trial by jury, compensatory damages of $26,250, statutory penalties amounting to $74,000, prejudgment interest, attorney fees and all other relief the court deems just and proper. He is represented by attorneys Robert L. Greer and Jonathan W. Fischer of Greer Law Offices PLLC in Clarksburg.

Harrison Circuit Court case number 18-C-103-2

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