FRESNO – A Ridgecrest consumer claims a debt collector unlawfully obtained a judgment against her.

Jennifer Kitchens filed a complaint on May 15 in the U.S. District Court for the Eastern District of California, Fresno Division against Daniel Lent, doing business as Capital Reclamations alleging that the debt collector violated the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.

According to the complaint, an alleged debt owed by the plaintiff was assigned to the defendant for collection and the defendant filed a collection action suit in Riverside County Superior Court in August 2016. The suit states the plaintiff never resided in Riverside County and that this action is unlawful. The plaintiff also alleges she was not properly served notice of the action and the defendant improperly obtained a default judgment against her.

The plaintiff holds Lent responsible because the defendant allegedly used unfair or unconscionable means to collect or attempt to collect an alleged debt.

The plaintiff requests a trial by jury and seeks actual damages in an amount to be determined at trial, award for costs of litigation and attorney’s fee and all other just and proper relief. She is represented by Abbas Kazerounian and Mona Amini of Kazerounian Law Group APC in Costa Mesa and Joshua B. Swigart of Hyde & Swigart in San Diego.

U.S. District Court for the Eastern District of California, Fresno Division case number 1:17-cv-00672

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