SAN DIEGO – An Idaho consumer alleges a debt collector doing business in California sent her a letter that could cause a consumer to believe he or she could be sued over a time-barred debt.
Rebecca Chamness filed a complaint on March 22 in the U.S. District Court for the Southern District of California against Midland Credit Management Inc. over alleged violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on Dec. 29, 2017, she received a letter from defendant attempting to collect an alleged debt that the plaintiff has not made a payment on in eight years. The complaint states that in Idaho, a breach of contract action to collect on an oral contract must be filed within four years, and thus the statute of limitations to file a lawsuit has expired.
The plaintiff holds Midland Credit Management Inc. responsible because the defendant allegedly failed to comply with the provisions of the FDCPA by making false, deceptive and misleading statements that could cause an unsophisticated consumer to believe that the debt is legally enforceable, when in fact it is not.
The plaintiff requests a trial by jury and seeks judgment for all actual compensatory damages, statutory damages of $1,000, attorneys' fees, costs and any other relief deemed appropriate by the court. She is represented by Stephanie R. Tatar of Tatar Law Firm APC in Burbank.
U.S. District Court for the Southern District of California case number 3:18-cv-00597-DMS-NLS