SAN DIEGO – A San Diego County woman alleges a New Jersey debt collector has been trying to collect a debt from her that belongs to another person for several years.
Sharon Marconi Messier filed a complaint on July 26 in the U.S. District Court for the Southern District of California against New Century Financial Services Inc. alleging that the debt collector violated the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that since 2008, the defendant has been trying to collect a debt from a person with a similar name as the plaintiff, Sharon L. Marconi. The suit states in October 2015, she sent a Federal Trade Commission Identity Theft Affidavit to the defendant's counsel demonstrating she did not owe the debt, but the defendant still refuses to recognize she is not indebted to it.
The plaintiff holds New Century Financial Services Inc. responsible because the defendant allegedly refused to recognize that plaintiff was mistaken for another person, regardless of the disparity in name and address of the debt holder.
The plaintiff requests a trial by jury and seeks judgment in her favor, damages, costs of litigation, attorneys’ fees, declaratory relief affirming that plaintiff is not indebted to defendant and other relief that the court deems just. She is represented by Jake A. Walton of The Jake A. Walton Law Firm in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-01891