LOS ANGELES – A Pacifica resident alleges a debt collector violated federal law when it filed a suit against him in a different county.
Jimil Borillo filed a complaint on Sept. 27 in the U.S. District Court for the Northern District of California against Legal Recovery Law Offices Inc. alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, Arrow Financial Services filed a suit against the plaintiff in August 2009 alleging the plaintiff defaulted on a credit card. He alleges he had no knowledge of the lawsuit until November 2015 when the judgment was assigned to the defendant and it attempted to garnish his wages. The suit states the plaintiff disputed the debt and that the Santa Clara Superior Court granted the plaintiff's motion in March to vacate the default judgment obtained by the defendant.
The plaintiff holds Legal Recovery Law Offices Inc. because the defendant brought a debt collection action in a county other than the one he resided in.
The plaintiff seeks actual and statutory damages, all legal fees and any other relief as the court deems just. He is represented by Geoffrey E. Wiggs of Law Offices of Geoff Wiggs in San Mateo and J. Erik Heath in San Francisco.
U.S. District Court for the Northern District of California Case number 5:16-cv-05508-HRL