MIAMI – A Broward County Sheriff's Office employee is accusing a Virginia debt collector of malicious prosecution.
Kurtis M. Corbett filed a complaint on April 6 in the U.S. District Court for the Southern District of Florida against Portfolio Recovery Associates LLC alleging that the debt collector violated the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that his credit report revealed a fraudulent debt that resulted in Vikings Mortgage’s denial of his application for the mortgage loan. He claims he was damaged and suffered mental pain, aggravation, humiliation, embarrassment, lost reputation and respect.
He alleges he resolved the fraudulent debt with the defendant in 2013 and it was deleted from his credit report. The plaintiff holds Portfolio Recovery Associates LLC responsible because the defendant allegedly filed a lawsuit against him in 2015, alleging the following false information including but not limited to: the parties agreed to the resulting balance of the $4,312.44 debt; he did not object to the statement concerning the debt; and he was unjustly enriched at its expense conferring a financial benefit to him.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages, the amount of which to be determined at trial, reasonable attorney’s fees, costs and for such other and further relief the court may deem just and proper. He is represented by Carlos J. Reyes of Reyes Law Group PA in Plantation.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60750