LOS ANGELES – A Littlerock resident alleges a residential mortgage loan servicer is attempting to collect a debt that was discharged in a bankruptcy.
Arthur Graham filed a complaint on Aug. 27, in the U.S. District Court for the Central District of California against New Penn Financial LLC alleging violation of the Telephone Consumer Protection Act and other counts.
According to the complaint, the plaintiff filed for Chapter 7 bankruptcy and received a discharge in 2012, which included his primary residence. The suit states the property was foreclosed in November 2015 and sold to a new buyer the following month.
The suit states in 2016, the defendant began sending him collection letters and in April 2017, began calling him in an attempt to collect the discharged debt.
The plaintiff holds New Penn Financial LLC responsible because the defendant allegedly engaged in an unlawful practice of using an automatic telephone dialing system, communicated with plaintiff without prior express consent to place the calls, and attempted to collect on a consumer debt that is not permitted by law.
The plaintiff requests a trial by jury and seeks judgment against defendant for declaratory relief, statutory and actual damages, costs, attorney's fees, interest, and other relief that the court deems appropriate. He is represented by Brian Brazier of Price Law Group APC in Scottsdale, Arizona.
U.S. District Court for the Central District of California case number 2:18-cv-07483