SAN DIEGO – A San Diego County woman claims a debt collector is attempting to collect an alleged debt past its statute of limitations.
Kimberly Morrisette Montes filed a complaint on Nov. 30 in the U.S. District Court for the Southern District of California against National Collegiate Student Loan Trust 2005-1 alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on April 1, 2005, she incurred certain financial obligations for a student loan that she allegedly defaulted on in 2009. The suit states the defendant was assigned this alleged debt and filed a suit against the plaintiff in 2014, which the plaintiff claims is unlawfully because the debt was time-barred. The plaintiff holds National Collegiate Student Loan Trust 2005-1 responsible because the defendant allegedly employed various false representations and deceptive means in connection with the collections lawsuit and attempted to collect an amount not expressly authorized by the agreement or permitted by law.
The plaintiff requests a trial by jury and seeks judgment against defendant, actual damages, statutory damages of $1,000, costs of litigation, attorney's fees and other relief as the court deems just. She is represented by Veronica McKnight and Joshua B. Swigart of Hyde & Swigart in San Diego.
U.S. District Court for the Southern District of California Case number 16-cv-02919