Consumer accuses law firm of abusive debt collection practices

By Kristine Gonzales-Abella | Oct 18, 2018

FAYETTEVILLE — A Fayette County woman has filed a class action lawsuit against a law firm, alleging attempting to collect a debt by threats.

Shanna Toler, individually and on behalf of all others similarly situated, filed a complaint Aug. 29 in U.S. District Court for the Southern District of West Virginia Charleston Division against Claudio & Johnson, Attorneys at Law LCC and Professional Account Services Inc., alleging violation of the West Virginia Consumer Credit and Protection Act.

According to the complaint, on Sept. 11, 2014, Toler received a collection letter from the defendants, stating she allegedly owed $770.67 upon a note and failure to pay it in full within 30 days could result in additional charges. 

As a result, the suit says, Toler been annoyed, inconvenienced, harassed, bothered, upset, angered, harangued and distressed. The plaintiff alleges Claudio & Johnson and Professional Account Services responsible because the defendants threatened that they would file suit upon expiration of 30-day period, with no intention of doing so.

Toler seeks trial by jury, actual and statutory damages, litigation costs and all other proper relief. She is represented by attorneys Ralph C. Young and Steven R. Broadwater of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.

U.S. District Court for the Southern District of West Virginia Charleston case number 2:18-cv-01267

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Hamilton, Burgess, Young & Pollard, PLLC U.S. District Court for the Southern District of West Virginia Charleston Division

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