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Wednesday, January 27, 2010
Ind. Courts - "Four lawsuits claim calls violate fed Fair Debt act Cases filed in U.S. District Court in Hammond"
Teresa Auch Schultz reports today in the Gary Post-Tribune:
Four more region residents have filed federal lawsuits, claiming debt collection companies have been acting illegally.One of the lawsuits, all of which were filed in the U.S. District Court in Hammond, claims that Atlanta Credit and Finance, based out of Virginia, has continually tried collect money from Porter County resident Anthony Glibota that he has already paid.
According to the lawsuit, Glibota had owed money to Capitol One, a debt originally sent to another debt collection company called Allied One. Glibota then paid Allied One the full amount of the debt, according to the lawsuit and bank papers filed with the lawsuit.
However, Capitol One also turned the debt over to Atlantic and the company has continued to try to collect the debt, despite Glibota challenging it, according to the lawsuit. Glibota claims that he has told Atlantic about his payment, but the company has since filed a motion for summary judgment against him.
In another lawsuit, Valerie Rubens, a Porter County resident, claims that Vision Financial Services Inc., in LaPorte, sent her a letter requesting she submit to voluntary wage garnishment. Her lawsuit claims that Indiana law prohibits garnishing wages unless a judge has ruled in favor of it. In the lawsuit, she calls the request misleading, which violates the federal Fair Debt Collection Practices Act.
Rubens' lawsuit was filed as a request to open it up as a class-action lawsuit.
A third lawsuit says that Tyler and Morgan Acquisitions of New York called the mother of David White of Porter County. The caller told her he was an investigator looking into a piece of property. The lawsuit does not say, though, whether the person tried to collect information on White during that call. The lawsuit alleges that the company broke the Fair Debt Collection Practices Act.
In the fourth lawsuit, Kevin Cole of Porter County claims that Transworld Systems based in California called his mother and former employer, telling them the company was trying to collect a debt that Cole owes. Cole claims in the lawsuit that the company already had his contact information but chose instead to call other people instead of him.
Posted by Marcia Oddi on January 27, 2010 07:46 AM
Posted to Indiana Courts